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Full text of "Secret journals of the acts and proceedings of Congress, from the first meeting thereof to the dissolution of the Confederation"

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SECRET JOURNALS 



THE ACTS AND PROCEEDINGS 



CONGRESS, 



FROM THE FIRST MEETING THEREOF TO THE DISSOLUTION 

OF THE CONFEDERATION, BY THE ADOPTION 

OF THE CONSTITUTION OF THE 

UNITED STATES. 



Published under the direction of the President of the United States, conformably to 
Resolution of Congress of March 27, 1818, and April 21, 1820. 



VOL. II. 



BOSTON: 



PRINTED AND PUBLISHED BY THOMAS B. WAIT. 

1820. 






SECRET JOURNALS 



CONGRESS OF THE CONFEDERATION. 



FOREIGN AFFAIRS. 



SECRET JOURNAL. 



FOREIGN AFFAIRS. 



NOVEMBER 29, 1775. 

]K,ESOLVED, That a committee of five be appointed for 
the sole purpose of corresponding with our friends in 
Great Britain, Ireland, and other parts of the world ; 
and that they lay their correspondence before Congress 
when directed. 

Resolved, That this Congress will make provision 
to defray all such expenses as may arise by carrying 
on such correspondence, and for the payment of such 
agents as they may send on this service. 

The members chosen — Mr. Harrison, Dr. Franklin, 
Mr. Johnson, Mr. Dickinson, and Mr. Jay. 

DECEMBER 2, 1775. 

Resolved, That the committee of correspondence be 
directed to use their endeavours to find out and en- 
gage, in the service of the United Colonics, skilful en- 
gineers, not exceeding four, on the best trims they 
can ; and that the said committee be authorized to as- 



6 SECRET JOURNAL. [Sept. 17, 

.sunQ such able and skilful engineers as will engage in 
flic service, (hat they shall receive such pay and ap- 
■.poinfmr.hfs as- shall be equal to what they have receiv- 
ed in any former service. 

MAY 18, 1776. 

The secret committee laid before Congress a letter 
from Mr. Langdon ; and the same being read, 

Resolved, that it be referred to the committee of se- 
cret correspondence ; and that the said committee be 
directed to apply to the marine committee for the use 
of one or more of the continental fleet ; and that they 
send the same to the French West India Islands, in order 
to procure, if possible, a number of muskets, not ex- 
ceeding ten thousand ; and further, that the said com- 
mittee be directed to endeavour to discover the designs 
of the French in assembling so large a fleet, with so 
great a number of troops, in the West Indies, and 
whether they mean to act for or against America. 

SEPTEMBER 17, 1776. 

Congress took into consideration the plan of trea- 
ties to be proposed to foreign nations, with the amend- 
ments agreed to by the committee of the whole ; and 
thereupon. 

Resolved, That the following plan of a treaty be 
proposed to his most christian majesty : 



1776.] FOREIGN AFFAIRS. 



PLAN OF A TREATY WITH FRANCE. 

There shall be a firm, inviolable, and universal 
peace, and a true and sincere friendship, between the 
most serene and mighty prince, Lewis the sixteenth, 
the most christian king, his heirs and successors, and the 
United States of America ; and the subjects of the most 
christian king, and of the said states; and between the 
countries, islands, cities and towns, situate under the 
jurisdiction of the most christian king, and of the said 
United States, and the people and inhabitants thereof 
of every degree ; without exception of persons or pla- 
ces. And the terms herein mentioned, shall be per- 
petual between the most christian king, his heirs and 
successors, and the said United States. 



ARTICLE I. 

The subjects of the most christian king shall pay no 
other duties or imposts, in the ports, havens, roads, 
countries, islands, cities or towns of the said United 
States, or any of them, than the natives thereof, or any 
commercial companies established by them, or any 
of them shall pay, but shall enjoy all other the rights, 
liberties, privileges, immunities and exemptions in 
trade, navigation, and commerce, in passing from one 
part thereof to another, and in going to and from the 
same, from and to any part of the world, which the 
said natives or companies enjoy. 



SECRET JOURNAL. [Sept, 1% 



ARTICLE 11. 

The subjects, people and inhabitants of the said 
United Stales, and every of them, shall pay no other 
duties, or imposts, in the ports, havens, roads, coun- 
tries, islands, cities or towns of the most christian 
king, than the natives of such countries, islands, cities 
or towns of France, or any commercial companies es- 
tablished by the most christian king, shall pay, but shall 
enjoy all other the rights, liberties, privileges, immuni- 
ties and exemptions in trade, navigation and commerce, 
in passing from one port thereof to another, and in 
going to and from the same, from and to any part of 
the world, which the said natives or companies enjoy. 



ARTICLE HI. 

His most christian majesty shall retain the same 
rights of fishery on the banks of Newfoundland, and all 
other rights relating to any of the said islands, which 
he is entitled to by virtue of the treaty of Paris. 

ARTICLE IV. 

The most christian king shall endeavour, by all the 
means in his power, to protect and defend all vessels, 
and the effects belonging to the subjects, people, or 
inhabitants of the said United States, or any of them, 
being in his ports, havens, or roads, or on the seas near 
to his countries, lands, cities or towns ; and to recover 
and to restore to the right owners, their agents, dt at- 



1776.] FOREIGN AFFAIRS. » 

torneys, all such vessels and efTccfs, vhich shall be ta- 
ken within his jurisdiction ; and his ships of war, or 
any convoys sailing under his authority, shall uf)on all 
occasions take under their protection all vessels be- 
longing to the subjects, people, or inhabitants of the 
said United States, or any of them, and holding the 
same course or going the same way ; and shall de- 
fend such vessels as long as they hold the same course, 
or go the same way, against all attacks, force, and 
violence, in the same manner as they ought to protect 
and defend vessels betonging to the subjects of the 
most christian king. 

ARTICLE V. 

In like manner the said United States, and their ships 
of war, and convoys sailing under their authority, shall 
protect and defend all vessels and effects belonging to 
the subjects of the most christian king ; and endeavour 
to recover and restore them, if taken within tho juris= 
diction of the said United States, or any of them. 



ARTICLE VI. 

;The most christian king and the said United States, 
shall not receive nor suffer to be received, into any of 
their ports, havens, roads, countries, islands, cities or 
towns, any pirates or sea robbers, or afford or suffrr any 
entertainment, assistance or provision to be afforded to 
them ; but shall endeavour by all means, that all pirates 
and sea robbers, and their partners, sharers, and abet- 

VOL. 11. 2 



10 SECRET JOURNAL. [Sept. r/, 

tors, be found out, apprf^hcndcd, and sufier condign 
punishment ; and all the vessels and etircts piratically 
taken, and brought into the ports and havens of the 
most christian king, or the said United States, which 
can be found, although they be sold, shall be restored, 
or satisfaction given therefor ; the right owners, their 
agents or attorneys demanding the same, and making 
the right of property to aj)pear by due proof. 

ARTICLE VII. 

The most christian king shall protect, defend and 
secure, as far as in his power, the subjects, people and 
inhabitants of the said United States, and every of 
them, and their vessels and effects of every kind, against 
all attacks, assaults, violences, injuries, depredations 
or plunderings, by or from the king or emperor of Mo- 
rocco, or Fez, and the states of Algiers, Tunis and 
Tripoli, and any ot them, and every other prince, state 
and power on the coast of Barbary in Africa, and the 
subjects of the said king, emperor, states and powers, 
and of every of them, in the same manner, and as ef- 
fectually and fully, and as much to the benefit, advan- 
tage, ease and safety of the said United States, and 
every of them, and of the subjects, people and inhabi- 
tants thereof, to all intents and purposes, as the king 
and kingdom of Great Britain, before the commence- 
ment of the present war, protected, defended and se- 
cured the people and inhabitants of the said United 
States, then called British colonies in America, their 
vcssi Is and effects, against all such attacks, assaults, 
violences, injuries, depredations and plunderings. 



1776.] FOREIGN AFFAIRS. U 



ARTICLE Vin. 

If, in consequence of this treaty, the king of Great 
Britain should declare war against the most christian 
king, the said United States shall not assist Great Bri- 
tain in such war, with men, money, ships, or any of 
the articles in this treaty deuominaied contraband 
goods. 

ARTICLE IX. 

The most christian king shall never invade, nor, 
under any pretence, attempt to possess himself of Lab- 
rador, New Britain, Nova Scotia, Acatlia, Canada, 
Florida, nor any of the countries, ciiics or towns on the 
continent of North America, nor of the islands of New- 
foundland, Cape Breton, St. Johns, Anticosti, nor of any 
other island lying near to the said continent in the seas, 
or in any gulph, bay or river ; it being the true intent 
and meaning of this treaty, that the said United States 
shall have the sole, exclusive, undivided and perpe- 
tual possession of the countries, cities and towns on 
the said continent, and of all islands near to it, which 
now are, or lately were under the jurisdiction of or sub- 
ject to the king or crown of Great Britain, whenever 
they shall be united or confederated with the said 
United States, 

ARTICLE X» 

The subjects, inhabitants, merchants, commanders 
gf ships, masters and mariners, of the stales, provinces 



12 SECRET JOURNAL. [Sept. 17, 

and dominions of each party, respectively, shall ab- 
stain and forbear to (ish in all places, possessed, or 
which shall be possessed by the other party. The 
most christian king's subjects shall not fish in the ha- 
vens, bays, creeks, roads, coasts or places which the 
said United States hold, or shall hereafter hold ; and 
in like manner, the sulijects, people and inhabitants of 
the said United States shall not fish in the havens, bays, 
creeks, roads, coasts or places which the most chris- 
tian king; possisses, or shall hereafier possess. And 
if any ship or vessel shall be found fishing, contrary 
to the tenor of this treaty, the said ship or vessel, with 
its lading, proof being made thereof, shall be confis- 
cated. 

ARTICLE XI. 

If in any war the most christian king shall coaquer, 
or get possession of, the islands in the West Indies, now 
under the jurisdiction of the king or crown of Great 
Britain, or any of them, or any dominions of the said 
king or crown, in any other parts of the world, the 
subjects, people and inhabitants of the said United 
Slates, and every of them, shall enjoy the same rights, 
liberties, privileges, immunities and exemptions, in 
trade, commerce and navigation, to and from the said 
islands and dominions, that are mentioned in the second 
article of this treaty. 

ARTICLE XII. 

It is the true intent and meaning of this treaty, that 
no higher or other duties shall be imposed on the ex- 



1776.] FOREIGN AFFAIRS. 13 

portation of any thing of the growth, production or 
manufacture ol the islands m the West Indii'S, iiow 
belonging, or which may hereafter belong to th'; most 
christian king, to the snid United States, or any of 
them, than the lowest that arc or shall b^^ imposed on 
the exportation thereof to France, or to ajiy other part 
of the world. 



ARTICLE XIII. 

It is agreed by and between the said parties, that no 
duties whatever shall ever hereafter be imposed on the 
exportation of molasses from any of the islands and 
dominions of the most christian king in the West In- 
dies, to any of these United States.' 

ARTICLE XIV. 

The subjects, people and inhabitants of the United 
States, or any of them, being merchants and residing 
in France, and their property and effects of every kind, 
shall be exempt from the Droit d'Aubaine. 

ARTICLE XV. 

The merchant ship of either of the parties which 
shall be making into a port belonging to the enemy of 
the other ally, and concerning whose voyage, and the 
species of goods on board her, there shall be just 
grounds of suspicion, shall be obliged to exhibit as 
well upon the high seas, as in the ports and havens, 
not only her passports, but likewise certificates, ex* 



U SECRET JOURNAL. [Sept. 17, 

prcssly showing, that her goods are not of the 
number of those which have been prohibited as con- 
traband. 



ARTICLE XVI. 

If, by exhibiting the above certificates, the other 
party discover there are any of those sorts of goods, 
which are prohibited and declared contraband, and 
consigned for a port under the obedience of his ene- 
mies, it shall not be lawful to break up the batches of 
such ship, or to open any chest, coffers, packs, casks, 
or any other vessels found therein, or to remove the 
smallest parcels of her goods, whether such ship be- 
long to the subjects of France or the inhabitants of 
the said United Slates, unless the lading be brought 
on shore, in the presence of the officers of the court 
of admiralty, and an inventory thereof made ; but 
there shall be no allowance to sell, exchange, or alie- 
nate the same in any manner, until after that due and 
lawful process shall have been had against such pro- 
hibited goods, and the courts of admiralty shall, by a 
sentence pronounced, have confiscated the same ; sav- 
ing always as well the ship itself as any other goods 
found therein, which by this treaty are to be esteemed 
free; neither may they be detained on pretence of 
their being, as it were, infected by the prohibited 
goods, much less shall they be confiscated as lawful 
prize. But, if not the whole cargo, but only part 
thereof, shall consist of prohibited or contraband 
goods, and the commander of the ship shall be ready 
and willing to deliver them to the captor who has dis- 



J776.3 FOREIGN AFFAIRS. 16 

covered them ; in such rase the captor, having receiv- 
ed those goods, shall forthwith discharge the ship, and 
not hinder her by any means freely to prosecute the 
voyage on which she was bound. 



ARTICLE XVII. 

On the contrary, it is* agreed that whatever shall be 
found to be laden by the subjects and inhabitants of 
either party, on any ship belonging to the enemy of 
the other, or to his subjects, although it be not of the 
sort of prohibited goods, may be confiscated in the 
same manner as if it belonged to the enemy himself, 
except such goods and merchandise as were put oa 
board such ship before the declaration of war, or even 
after such declaration, if so be it were done without 
the knowledge of such declaration, so that the goods 
of the subjects or people of either party, whether 
they be of the nature of such as are prohibited, or 
otherwise, which, as is aforesaid, were put on board 
any ship belonging to an enemy before the war, or 
after the declaration of it, without the knowledge of 
it, shall no wise be liable to confiscation, but shall 
well and truly be restored without delay to the pro- 
prietors demanding the same ; but so as that if the 
said merchandises be contraband, it shall not be any 
ways lawful to carry them afterwards to any ports 
belonging to the enemy. 



IB SECRET JOURNAL, [Sept. lit 



ARTICLE XVIII. 

And that more effectual care may be taken for the 
security of the subjects and inhabitants of both par- 
ties, that they suffer no injury by the men of war or 
privateers of the other party, all the commanders of 
the ships of the most christian king, and of the said 
United States, and .ill their subjects and inhabitants, 
shall be forbid doing any injury or damage to the other 
side ; and if they act to the contrary, ihey shall be 
punished ; and shall moreover, be bound to make sa- 
tisfaction for all matter of damage, and the interest 
thereof, by reparation, under the penalty and obliga- 
tion of their persons and goods. 

ARTICLE XIX. 

All ships and merchandises of what nature soever, 
which shall be rescued out of the hands of any pirates 
or robbers on the high seas, shall be brought into some 
port of either state, and shall be delivered to the custody 
of the officers of that port, in order to he restored en- 
lire, to the true proprietor, as soon as due and suflfi- 
cient proof shall be made concerning the property 
thereof. 



ARTICLE XX. 

It shall be lawful for the ships of war of either par- 
ty, and privateers, freely to carry, whithersoever they 
please, the ships and goods taken from their enemies. 



1T?6.] FOREIGN AFFAIRS. 17 

without being obliged to pay any duty to the ofRcers of 
the admiralty, or any other judges ; nor shall such pri- 
zes be arrested or seized, when they come to and 
enter the ports of either party ; nor shall the searchers 
or other officers of those places search the same, or 
make examination conrerniiig the lawfulness of such 
prizes; but they may hoist sail at any tiD)e, and de- 
part, and carry their prizes to the place expressed in 
their commissions, which the commanders of such 
ships of war shall be obliged to show. On the con- 
trary, no shelter or refuge shall be given in their ports 
to such as shall have made prize of the subjects, peo- 
ple, or property of either of the parties ; but if such 
should come in, being forced by stress of weather, or 
the danger of the sea, all proper means shall be vigo- 
rously used that they go out, and retire from thence as 
soon as possible. 

ARTICLE XXI. 

If any ships belonging to cither of the parties, their 
subjects, or people, shall within the coasts or domi- 
nions of the other, stick upon the sands, or be wreck- 
ed, or suffer any other damage, all friendly assistance 
and relief shall be given to the persons shipwrecked, 
or such as shall be in danger thereof; and letters of 
safe conduct shall likewise be given to them for their 
free and quiet passage from thence, and the return ©f 
every one to his own country. 

VOL. II. 3 



it SECRET JOURNAL. [Sept. 17, 



ARTICLE XXII. 

In case the subjects and people of either party, with 
their shipping, whether publirk and of war, or pri- 
vate and of merchants, be forced th-ough stress of 
we ither, pursuit of pirates or enemies, or any other 
urgent neces«;ity, for seeking of sheUer and harbour, 
to retreat and enter into any of the rivers, creeks, 
bays, havens, roads, ports, or shores, belonging to the 
other party, they shall be received and treated with 
all humanity and kindness, and enjoy all friendly pro- 
tection and help ; and they shall be permitted to re- 
fresh and provide themselves, at reasonable rates, with 
victuals and all things needful, for the sustenance of 
their persons, or reparation of their ships, and con- 
veniency of their voyage ; and they shall no ways be 
detained or hindered from returning out of the said 
ports, or roads, but may remove and depart, when and 
whither they please, without any let or hindrance. 

ARTICLE XXIII. 

For the better promoting of commerce on both 
sides, it is agreed, that if a war shall break out between 
the said two nations, six months after the proclama- 
tion of war shall be allowed to the merchants in the 
cities and towns where they live, for settling and trans- 
porting their goods and merchandises; and if any 
thing be taken from them, or any injury be done them, 
within that lime, by either party, or the people or sub- 



i776.] FOREIGN AFFAIRS. lt> 

jects of either, full satisfdction shall be made for the 
same. 



ARTICLE XXIV. 

No subjects of the most christian king shall apply 
for or take any commission, or letters of marque for 
arming any ship, or siiips, to act as privateers against 
the said United Slates, or any of them, or against the 
subjects, people or inhabitants of the said United 
States, or any of them, or against the properly of any 
of the inhabitants of any of them, from any prince or 
state with which the said United States shall be at 
war. Nor shall any citizen, subject or inhabitant of 
the said United States, or any of them, apply for or 
take any commission or letters of marque for arming 
any ship or ships to act as privateers against the sub- 
jects of the most christian king, or any of them, or the 
property of any of them, from any prince or state 
with which the said king shall be at war; and if any 
person, of either nation, shall take such commissions 
or letters of marque, he shall be punished as a pirate. 

ARTICLE XXV. 

It shall not be lawful for any foreign privateer, not 
belonging to the subjects of the most christian king, 
nor citizens of the said United States, who have com- 
missions from any other prince, or state, in enmity 
with either nation, to fit their ships in the ports of 
cither the one or the other of the aforesaid parlies, to 
sell what they have taken, or in any other manner 



20 SECRET JOURNAL. [Sept. 17, 

whatsoever to exchange either ships, merchandises, or 
any other lading ; neither shall they be allowed even 
to purchase victuals, except such as shall be necessa- 
ry for their going to the next port of that prince or 
state from which they have commissions. 



ARTICLE XXVI. 

It shall be lawful for all and singular the subjects of 
the most christian king, and the citizens, people and 
inhabitants of the said states, to sail with their ships 
with all manner of liberty and security, no distinction 
being made, who are the proprietors of the merchan- 
dises laden thereon, from any port to the places of 
those who now are, or hereafter shall be, at enmity 
with the most christian king, or the United States. It 
shall likewise be lawful for the subjects and inhabi- 
tants aforesaid to sail with the ships and merchandises 
aforementioned, and to trade with the same liberty and 
security from the places, ports and havens of those 
who are enemies of both, or either party, without any 
opposition or disturbance whatsoever, not only direct- 
ly from the places of the enemy aforementioned to 
neutral places, but also from one place belonging to an 
enemy to another place belonging to an enemy, whe- 
ther they be under the jurisdiction of the same prince, 
or under several. And it is hereby stipulated, that 
free ships shall also give a freedom to goods ; and that 
every thing shall be deemed to be free and exempt, 
which shall be found on board the ships belonging to 
the subjects of either of the confederates, although 
the whole lading, or any part thereof, should appertain 



1776.] FOREIGN AFFAIRS. 21 

to the enemies of either ; contraband goods being al- 
ways excepted. It is also agreed, in like manner, that 
the same liberty be extended to persons who are on 
board a free ship, with this effect, that although they 
be enemies to both, or either party, they are not to be 
taken out of that free ship, unless they are soldiers 
and in actual service of the enemies. 



ARTICLE XXVII. 

This liberty of navigation and commerce shall ex- 
tend to all kinds of merchandises, excepting those only 
which are distinguished by the name of contraband ; 
and under this name of contraband or prohibited 
goods, shall be comprehended arms, great guns, bombs 
with their fusees and other things belonging to them, 
fire balls, gunpowder, match, cannon ball, pikes, 
swords, lances, spears, halberds, mortars, petards, 
granadoes, saltpetre, muskets, musket balls, helmets, 
headpieces, breastplates, coats of mail, and the like 
kind of arms proper for arming soldiers, musket rests, 
belts, horses with their furniture, and all other warlike 
instruments whatsoever. These merchandises which 
follow shall not be reckoned among contraband or 
prohibited goods, that is to say, all sorts of cloths, and 
all other manufactures woven of any wool, flax, silk, 
cotton or any other material whatever, all kinds of 
wearing apparel, together with the species whereof 
they are used to be made, gold and silver, as well coin- 
ed as uncoined, tin, iron, lead, copper, brass, coals, as 
also wheat and barley, and any other kind of corn and 
pulse, tobacco, and likewise all manner of spices, salt- 



22 SECRET JOURNAL. [Sept. 17, 

ed and smoked flesh, sailed fish, cheese and butter, 
beer, oils, wines, sugars, and all sorts of salt, and in 
general all provisions which serve for the nourishment 
of mankind, an(J the sustenance of life. Furthermore, 
nil kinds of cotton, hemp, (lax, tar, pitch, ropes, ca- 
bles, sails, sail cloth, anchors arjd any parts of anchors, 
also ships' masts, planks, boards and beams, of what 
tree soever, and all other things, proper cither for 
building or repairing ships, and all other goods what- 
soever, which have not been worked into the form of 
any instrument or thing prepared for war by land or 
by sea, shall not be reputed contraband, much less 
such as have been already wrought and made up for 
any other use ; all which shall wholly be reckoned 
among free goods ; as likewise all other merchandises 
and things which are not comprehended, and particu- 
larly mentioned, in the foregoing enumeration of con- 
traband goods ; so that they may be transported and 
carried in the freest manner, by the subjects of both 
confederates, even to places belonging to an enemy, 
such towns and places being only excepted as are at 
that time besieged, blocked up, or invested. 

ARTICLE XXVIII. 

To the end that all manner of dissentions and quar- 
rels may be avoided and prevented, on one side and 
the other, it is agreed, that in case either of the par- 
lies hereto should be engaged in a war, the ships and 
vessels belonging to the subjects or people of the 
other ally must be furnished with sea letters or pass- 
ports, expressing the name, property, and bulk of the 



JT76.] FOREIGN AFFAIRS. tS 

ship, as also the name and place of habitation of the 
master or commander of the said ship, that it may ap- 
pear thereby, that the ship really and truly belongs to 
the subjects of one of the parties; which passports 
shall be made out and granted according to the form 
annexed to this treaty. They sh.ill likf^wisc be recall- 
ed every year ; that is, if the ship happens to rctiirn 
home within the space of a year. It is likewise 
agreed that such ships, being laden, are to be provided 
not only with passports, as abovcnienlionefl, but also 
with certificates containing the several particulars of 
the cargo, the place whence the ship sailed, and whi- 
ther she is bound, that so it may be known whether 
any forbidden or contraband goods be on board the 
same; which certificates shall be made out by the offi- 
cers of the plfice whence the ship set sail, in the ac- 
customed form; and if any one shall think it fit or 
advisable to express in the said certificates the per- 
sons to whom the goods on board belong, he may 
freely do it. 

ARTICLE XXIX. 

The ships of the subjects and inhabitants of either 
of the parties, coming upon any coast belonging to 
cither of the said allies, but not willing to enter into 
port, or being entered into port, and not willirig to 
unload their cargoes or break bulk, shall not be oblig- 
ed to give an account of their lading, unless they 
should be suspected, upon some manifest tokens, of 
carrying to the enemy of the other ally any prohibit- 
ed goods called contraband ; and in case of such ma- 



24 iSECRET JOURNAL. [Sept. It, 

nifest suspicion, the parties shall be obliged to exhibit, 
in the ports, their passports and certificates in the man- 
ner before specified. 



ARTICLE XXX. 

If the ships of the said subjects, people or inhabi- 
tants of either of the parties, shall be met with, either 
sailing along the coast, or on the high seas, by any 
ship of war of the other, or by any privateers, the 
said ships of war or privateers, for the avoiding of any 
disorder, shall remain out of cannon shot, and may 
send their boats on board the merchant ship which 
they shall so meet with, and may enter her to the num- 
ber of two or three men only, to whom the master or 
commander of such ship or vessel shall exhibit his 
passport concerning the property of the ship, made 
out according to the form inserted in this present trea- 
ty ; and the ship, when she shall have showed such 
passport, shall be free and at liberty to pursue her 
voyage, so as it shall not be lawful to molest or search 
her in any manner, or to give her chace or force her 
to quit her intended course. It is also agreed, that all 
goods, when once put on board the ships or vessels of 
either parties, shall be subject to no further visitation ; 
but all visitation or search shall be made beforehand, 
and all prohibited goods shall be stopped on the spot, 
before the same be put on board the ships or vessels 
of the respective states ; nor shall either the persons 
or goods of the subjects of his most christian majesty 
or the United States, be put under any arrest, or mo- 
lested by any other kind of embargo for that cause : 



1776.] FOREIGN AFFAIRS, 'i5 

and only the subject of that slate to whom the said 
goods have been or shall be prohibited, and shall pre^ 
sume to sell or alienate such sort of goods, shall be 
duly punished for the offence* 

The form of the sea letters and passports to be gU 
ven to ships and vessels according to the 28th 
article. 

To all who shall see these presents, Greieting. 

It is hereby made known that leave and permissiori 
has been given to master and corai 

toander of the ship called of th6 

town of burden 

tons, or thereabouts, lying at present in the port and 
haven of and bound for 

and laden with after that his ship has 

been visited, and before sailing, he shall make oaihj 
before the officers who have the jurisdiction of mari- 
time affairs, that the said ship belongs to one or more 
of the subjects of the act whereof 

shall be put at the end of these presents; as likewise 
that he will keep and cause to be kept, by his crew on 
board, the marine ordinances and regulations, and 
enter in the proper office a list signed and witnessed 
of the crew of his ship, and of all who shall embark 
on board her, whom he shall not take on board withoufc 
the knowledge and permission of the officer^ of the 
marine; and in every port and haven, where he shall 
enter with his ship, he shall show this present leave td 
the officers and judges of the inarine, and shall give a 
faithful account to them, of what passed and wag done 
VOL. n. 4 



m SECRET JOURNAL. [Sept. 17, 

during his voyage ; and he shall carry the colours, 
arms, and ensigns of during his 

voyage. 

In witness whereof we have signed these presents, 
and put the seal of our arms thereunto, and 
caused the same to be countersigned by 
at the day of 

A. D. 

The form of the act containing the oath. 

We of the admiralty of 

do cerfify, that master of the ship 

named in the above passport, hath taken the oath 
mentioned therein. 

Done at the day of A. D. 

The form of the certificate to be required of, and to 
be given by, the magistrates or officers of the 
customs of the town and port, in their respective 
towns and ports, to the ships and vessels which 
sail from thence, according to the directions of 
the 28th article of this present treaty. 

We magistrates (or officers of the 

customs) of the town and port of 
do certify and attest, that on the day 

of the month of in the year of our 

Lord personally appeared before us 

of and declared, 

by a solemn oath, that the ship or vessel called 

of about tons, whereof 



1776.] FOREIGN AFFAIRS. W 

of his usual place 

of habitation, is master or commander, does riglurully 
and properly belong to him and other subjects of 

and to them alone ; that she is now bound 
from the port of to the port of 

laden with the goods and merchandises 
hereunder particularly described and enumerated, that 
Is to say, 

In witness whereof we have signed this certificate, 

and sealed it with the seal of our office. 
Given the day of the month of 

in the year of our Lord 



INSTRUCTIONS TO 

There is delivered to you herewith a plan of a 
treaty with his most christian majesty of France, ap- 
proved of in Congress, on the part of the United 
States ; and you are hereby instructed to use every 
means in your power for concluding it, conformably to 
the plan you have received. 

If you shall find that to be impracticable, you are 
hereby authorized to relax the demands of the United 
States, and to enlarge their offers agreeably to the fol- 
lowing directions : 

If his most christian majesty shall not consent that 
the inhabitants of the United States shall have the 
privileges proposed in the second article, then the 
United States ought not to give the subjects of his most 
christian majesty the privileges proposed in the first 
article; but that the United States shall give to his 



81 SECRET JOURNAL. [Sept. 17, i 

most christian majesty the same privileges, liberties, 
and immunities at least, and the like favour in all 
ihings which any foreign nation the most favoured 
shall have — provided, his most christian majesty shall 
give to the United States the same benefits, privileges 
and immunities which the most favoured nation now 
has, uses, or enjoys. 

And, in case neither of these propositions of equal 
advantages is agreed to, then the whole of the said ar- 
ticles are to be rejected, rather than obstruct the fur- 
ther progress of the treaty. 

The fourth article must be insisted on. 

The seventh article ought to be obtained, if possi- 
\>\e ; but should be waved, rather than that the treaty 
should be interrupted by insisting upon it. 

His most christian majesty agreeing, nevertheless, 
to use his interest and influence to procure passes 
from t|ie states mentioned in this article for the vessels 
pf the United States upon the Mediterranean. 

The eighth article will probably be attended with 
some difficulty. If you find his most christian majesty 
determined not to agree to it, you are empowered to 
^dd to it, as follows :— That the United States will 
never be subject, or acknowledge allegiance, or obe- 
dience, to the king, or crown, or parliament of Great 
Britain ; nor grant to that nation any exclusive trade, 
or any advantages, or privileges in trade, more than 
to his most christian majesty ; neither shall any treaty 
for terminating the present war between the king of 
Great Britain and the United States, or any war which 
may be declared by the king of Great Britain against 
his most christian majesty, in consequence of thiii 



i776.] FOREIGN AFFAIRS. f9 

treaty, take effect until the expiration of six calendar 
months after the negotiation for that purpose shall 
have been duly notified, in the former instance by 
the United States to his most christian majesty, and 
in the other instance, by his most christian majesty 
to the United States; to the end that both these par- 
ties may be included in the peace, if they think 
proper. 

The twelfth and thirteenth articles are to be waved, 
if you find that the treaty will be interrupted by insist? 
ing on them. 

You will press the fourteenth article ; but let not the 
fate of the treaty depend upon obtaining it. 

If his most christian majesty should be unwilling to 
9gree to the sixteenth and twenty-sixth articles, you 
are directed to consent that the goods and effects of 
enemies, on board the ships and vessels of either party, 
shall be liable to seizure and confiscation. 

The twenty-fifth article is not to be insisted on. 

You will solicit the court of France for an immediate 
supply of twenty or thirty thousand muskets and bayo- 
nets, and a large supply of ammunition and brass field 
pieces, to be sent under convoy by France. The 
United States engage for the payment of the arms, ar- 
tillery and ammunition, and to indemnify France for 
the expense of the convoy. 

Engage a few good engineers in the service of the 
United States. 

It is highly probable that France means not to let 
the United States sink in the present contest. But as 
the difficulty of obtaining true accounts of our condi- 
tion may cause an opinion to be entertained that wc 



so SECRET JOURNAL. [Sept. 17» 

are able to support the war on our own strength and 
resources longer than, in fact, we can do, it will be 
proper for you to press for the immediate and explicit 
declaration of France in our favour, upon a suggestion 
that a re- union with Great Britain may be the conse- 
quence of a delay. 

Should Spain be disinclined to our cause, from an 
apprehension of danger to his dominions in South 
America, you are empowered to give the strongest 
assurances, that that crown will receive no molesta- 
tion from the United States, in the possession of these 
territories. 

You will transmit to us the most speedy and full 
intelligence of your progress in this business, and 
of any other transactions that it may import us to 
know. 

You are desired to get the best and earliest infor- 
mation that you possibly can of any negotiations that 
the court of London may be carrying on for obtaining 
foreign mercenaries to be sent against these states the 
next campaign ; and if any such design is in agitation, 
you will endeavour to prevail with the court of 
France to exert its influence in the most effectual 
manner to prevent the execution of such designs. 

You are desired to obtain, as early as possible, a 
publick acknowledgment of the independency of these 
states on the crown and parliament of Great Britain, 
by the court of France. 

In conducting this important business, the Congress 
have the greatest confidence in your address, abilities, 
vigilance, and attachment to the interests of the United 
States, and wish you every success. 



1770.) FOREIGN AFFAIRS. 91 



SEPTEMBER 24, 177G. 

Resolved, That Thursday next be assigned for ap- 
pointing commissioners to transact the business of the 
United States at the court of France. 



SEPTEMBER 26, 1776. 

According to the order of the day, Congress pro- 
ceeded to the appointment of commissioners to the 
court of France. 

Resolved, That three be appointed. 

The ballots being taken, Mr. B. Franklin, Mr. S. 
Deane, and Mr. T. Jefferson, were elected. 

Resolved, That a committee of four be appointed to 
prepare a draft of letters of credence to the commis- 
sioners ; and that the said committee report the ways 
and means of providing for their subsistence. 

The members chosen were Mr. Morris, Mr. R. H. 
Lee, Mr. Wythe, and Mr. J. Adams. 

Ordered, That the said committee draw up and re- 
port to Congress a set of instructions for the commis- 
sioners relative to their entering into treaties and ne- 
gotiations with other foreign states in Europe. 

Resolved, That secrecy shall be observed until the 
farther order of Congress ; and that, until permission 
be obtained from Congress to disclose the particulars 
of this business, no member be permitted to say any 
thing more upon this subject than that Congress have 
taken such steps as they judged necessary for the pur- 
pose of obtaining foreign alliances. 



^ SECRET JOURNAL. [Sept. 28j 

Ordered, That an express be sent to Mr. Jefferson, 
to inform him of his appointment ; and that a copy of 
the resolve for secrecy be, at the same time, transmit- 
ted to him ; and that he be requested to inform the 
President at what time and place a vessel shall be sent 
for him. 



SEPTEMBER 28, 1776. 

The committee, appointed to prepare letters of Cre- 
dence, &LC. brought in a report, which was taken into 
consideration. 

The letters of credence being read and amended, 
were agreed to as follows : 

The delegates of the United States of New Hamp- 
shire, Massachusetts Bay, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Ma- 
ryland, Virginia, North Carolina, South Carolina, and 
Georgia, to all who shall see these presents, send 
greeting. 

Whereas a trade upon equal terms between the sub- 
jects of his most christian majesty the king of France, 
and the people of these states, will be beneficial to 
both nations — Know ye therefore, that we, confiding 
in the prudence and integrity of* have ap- 

pointed and deputed, and by these presents do appoint 
and depute them the said our commissionerSj 

* N. B. This blank was afterwards filled with the words Benjamin 
Franklin, one of the delegates in Congress from the state of Pennsylva- 
nia, and president of the convention of the said state, &:c., Silas Deane, 
now in France, late a delegate from the state of Connecticut, and Ar- 
thur Lee, barrister at law. 



1776.] FOREIGN AFFAIRS. St 

giving and granting to them the said or any 

two of them, and in case of the death, absence, or dis- 
ability of any two, to any one of them, full power to 
communicate, treat, agree and conclude with his raost 
christian majesty, the king of France, or with such 
person or persons as shall by him be for that purpose 
authorized, of and upon a true and sincere friend- 
ship, and a firm, inviolable, and universal peace, for 
the defence, protection and safety of the navigation 
and mutual commerce of the subjects of his most chris- 
tian majesty and the people of the United States; and 
to do all other things, which may conduce to those de- 
sirable ends ; and promising in good faith to ratify 
whatsoever our said commissioners shall transact in 
the premises. 

Done in Congress, at Philadelphia, the thirtieth day 
of September, in the year of our Lord, one thou- 
sand seven hundred and seventy-six. — In testimo- 
ny whereof, the President, by order of the said 
Congress, hath hereunto^ subscribed his name, 
and affixed his seal. 

President. 

Attest. 

Sec'y. 

Resolved, That the commissioners should live in 
such a style and manner, at the court of France, as 
they may find suitable and necessary to support the 
dignity of their publick character, keeping an account 
of their expenses, which shall be reimbursed by thr 
Congress of the United States of America. 
VOL. n. n 



34 SECRET JOURNAL. [Oct. 22, 

That besides the actual expenses of the commis- 
sioners, a handsome allowance be made to each of 
them as a compensation for their time, trouble, risk and 
services. 

That the secretary of the embassy be allowed a sala- 
ry of one thousand pounds sterling per annum, with 
the expenses of his passage out and home. 

That the secret committee be directed to export 
produce, or remit bills, until they make an effectual 
lodgment in France of ten thousand pounds sterling, 
subject to the orders of the said commissioners for 
their present support; and report to Congress when 
it is effected, in order that Congress may then consi- 
der what further remittances then to order for this 
purpose. 

Resolved, That the farther consideration of the re- 
port be postponed. 

OCTOBER 22, 1776. 

Resolved, That the commissioners going to the 
court of France, be directed to procure from that 
court, at the expense of these United States, either by 
purchase, or loan, eight line of battle ships, of seventy- 
four and sixty-four guns, well manned and fitted in 
overy respect for service ; that as these ships may be 
useful in proportion to the quickness with which they 
may reach North America, the commissioners be di- 
rected to expedite this negotiation with all possible 
diligence. 



1776.] FOREIGN AFFAIRS. 3S 

Mr. Jefferson having informed Congress, that the 
state of his family will not permit him to accept the 
honour of going as their commissioner to France, 

Resolved, That another be elected in his room. 

The ballots being taken, Arthur Lcc, esquire, was 
elected. 

Ordered, That the committee of secret correspon- 
dence acquaint Mr. Lee of his appointment, and that 
his powers and instructions are lodged in Paris. 

DECEMBER 23, 1776. 

The committee of secret correspondence having ap- 
plied for instructions to enable them to return an an- 
swer to the letter read yesterday from Mr. Deane — 

Resolved, That the committee of secret correspon- 
dence be directed to inform the commissioners at the 
court of France, that Congress have received no ad- 
vices concernitig the proceedings of Portugal, but what 
they have seen in the newspapers, the authenticity of 
which may be doubtful. 

That Congress desire exact information from the 
commissioners, whether any American vessels have 
been prohibited entering, or have been confiscated in 
the dominions of Portugal, and on what principles. 

That they be directed to remonstrate in the firmest 
lone with the Portuguese ambassador on these sub- 
jects, so soon as they shall have well informed them- 
selves of the facts abovementioned. 

That the commissioners be authorized to arm and fit 
for war any number of vessels not exceeding six. at the 



3e SECRET JOURNAL. [Dec. 27, 

expense of the United States, to war upon British 
property ; and that commissions and warrants be for 
this purpose sent to the commissioners ; provided the 
commissioners be well satisfied this measure will not 
be disagreeable to the court of France. 

Resolved, That the commissioners of Congress at 
the court of France be authorized to borrow, on the 
faith of the thirteen United States, a sum not exceed- 
ing two millions sterling, for a term not less than ten 
years. 

That if the money borrowed cannot be obtained at 
a less interest than six per cent, the commissioners 
be permitted to engage for that rate of interest ; and 
that they stipulate for the payment of the interest at 
periods not less than annual. 

That, if the commissioners can contract for the pay- 
ment of the principal and interest in the products of 
North America, to be delivered here, it will be very 
agreeable to Congress. • 

DECEMBER 24, 1776. 

Resolved, That a committee of five be appointed to 
prepare and report a plan for obtaining foreign assis- 
tance. 

The members chosen — Mr. Gerry, Mr. Witherspoon, 
Mr. Richard Henry Lee, Mr. Clarke and Mr. S. Adams. 

DECEMBERS?, 1776. 

Resolved, That the committee of secret correspon- 
dence be desired to direct the commissioners at the 



1776] FOREIGN AFFAIRS. 3» 

court of France to procure, if possible, from that court, 
a hundred thousand stand of arms. 



DECEMBER 28, 1776. 

The committee appointed to prepare a plan for ob- 
taining foreign assistance brought in a report, which 
was read. 

Onlered, That the same be referred to a committee 
of the whole, and that Congress do immediately resolve 
itself into a committee of the whole to take the same 
into consideration. 

Congress then resolved itself into a committee of the 
whole, to take into consideration the report of the com- 
mittee on the plan of obtaining foreign assistance ; and 
after some time spent thereon, the President resumed 
the chair; and Mr. Harrison reported, that the commit- 
tee have had under consideration the report to them 
referred, and have made sundry amendments, but not 
having had time to go through the whole, desire leave 
to sit again. 

Resolved, That Congress will tomorrow resolve 
itself into a committee of the whole, to take into further 
consideration the report of the committee. 

DECEMBER 29,1776. 

Congress resolved itself into a committee of the 
whole, to take into consideration the report of the 
committee on the plan of obtaining foreign assistance ; 
and after some time, the President resumed the chair, 
and Mr. Francis L. Lee reported, That the committee 



26 SECRET JOURNAL. [Dec. 30, 

have had under consideration the report to them re- 
ferred, and have made sundry further amendments, 
which he was ready to report. 

Resolved, that the report be received, and taken 
into consideration tomorrow. 



DECEMBER 30, 1776. 

The report from the committee of the whole being- 
read, the same was taken into consideration : Where- 
upon, 

Resolved, That commissioners be forthwith sent to 
the courts of Vienna, Spain, Prussia, and the grand 
duke of Tuscany. 

That the several commissioners of the United States 
be instructed to assure the respective courts, that not- 
withstanding the artful and insidious endeavours of the 
court of Great Britain to represent the Congress and 
inhabitants of these states to the European powers as 
having a disposition again to submit to the sovereignty 
of the crown of Great Britain, it is their determination 
at all events to maintain their indf^pendence. 

That the commissioner? be respectively directed to 
use every means in their power to procure the assis- 
tance of the emperor of Germany, and of their most 
christian, catholick, and Prussian majesties, for pre- 
venting German, Russian, or other foreign troops from 
being sent to America for hostile purposes against 
these United States, and for obtaining a recall of those 
already sent. 

That his most christian majesty be induced, if pos- 
sible, to assist the Unilcd States in the present war with 



177C.] FOREIGN AFFAIRS. 39 

Great Britain, by attacking the electorate of Hanover, 
or any part of the dominions of Great Britain, in Europe, 
the East or West Indies. 

That the commissioners be further empowered to 
stipulate with the court of France, that all the trade 
between the United States and the West India islands 
shall be carried on by vessels either belonging to the 
subjects of his most christian majesty, or of these states, 
each having free liberty to carry on such trade. 

That the commissioners be likewise instructed to 
assure his most christian majesty, that should his forces 
be employed, in conjunction with those of the United 
States, to exclude his Britannick majesty from any share 
in the cod fishery of America, by reducing the islands 
of Newfoundland and Cape Breton, and ships of war 
be furnished, when required by the United States, to 
reduce Nova Scotia, the fishery shall be enjoyed equal- 
ly and in common by the subjects of his most christian 
majesty and of these slates, to the exclusion of all other 
rations and people whatever ; and half the island of 
Newfoundland shall be owned by and subject to the 
jurisdiction of his most christian majesty ; provided 
that the province of Nova Scotia, island of Cape Breton, 
and the remaining part of Newfoundland be annexed 
to the territory and government of the United States. 

That should the proposals already made be insulli- 
cient to produce the proposed declaration of war, and 
the commissioners are convinced that it cannot be 
otherwise accomplished, they assure his most christian 
majesty, that such of the British West India islands as 
in the course of the war shall be reduced by the united 
force of France and the United States, shall be yielded 



40 SECRET JOURNAL. [Dec, 30, 1776. 

in absolute property to his most christian majesty ; and 
the United Slates engage, on timely notice, to furniah 
at their expense, and deliver at some convenient port 
or ports in the said United States, provisions for car- 
rying on expeditions against the said islands to the 
amount of two million of dollars, and six frigates 
mounting not less than twenty-four guns each, manned 
and fitted for the sea ; and to render any other assistance 
which may be in their power, as becomes good allies. 

That the commissioners for the courts ol France and 
Spain consult together, and prepare a treaty of com- 
merce and alliance, as near as may be, similar to the 
first proposed to the court of France, not inconsistent 
therewith, nor disagreeable to his most christian ma- 
jesty, to be proposed to the court of Spain — adding 
thereto, " That if his catholick majesty will join with 
'• the United States in war against Great Britain, they 
" will assist in reducing to the possession of Spain the 
" town and harbour of Pensacola ; provided that the 
"citizens and inhabitants of the United States shall 
" have the free and uninterrupted navigation of the 
" Mississippi, and use of the liarbour of Pensacola : 
" and will, provided it be true that his Portuguese ma- 
"jesty has insultingly expelled the vessels of these 
" states from his ports, or hath confiscated any such 
" vessels, declare war against the said king, if that 
" measure shall be agreeable to and supported by the 
••courts of France and Spain." 

That the commissioners for the court of Berlin con- 
sult with the commissioners at the court of France, and 
prepare such a treaty or treaties of friendship and 
commerce, to be proposed to the king of Prussia, as 



Jan. 1T77.] FOREIGN AFFAIRS. 4l 

shall not be disagreeable to their most christian and 
catholirk majpsties. 

That the commissioners at the court of France be 
informed of the designs of Congress to send commis- 
sioners to the courts of Vienna, and the grand duke of 
Tuscany, to cultivate the friendship of those princes, 
ant} to form such treaties of commerce as may be be- 
neficial to those countries and (he United States, and 
directed to acquaint the ambassadors from their courts 
to that of France with this design ; and in the mean 
time to solicit, through those ambassador*;, the inter- 
ference of the emperor and the duke of Tuscany to 
prevent Great Britain from sending foreign troop«f to 
this country, and to procure a recall of such foreign 
troops as are already here. 

JANUARY I, 1777. 

Congress proceeded to the election of commissioners 
to the courts of Vienna, Spain, &c. And thereupon, 

Resolved, That Dr. B. Franklin be directed to pro- 
ceed to the court of Spain, and there transact, in behalf 
of the United States, such business as shall be entrust- 
ed to him by Congress, agreeably to the instructions 
that may be given him, and transmitted by the com- 
mittee of secret correspondence. 

Ordered, That the committee of secret correspon- 
dence prepare a commission for Dr. Franklin. 

Resolved, That the appointment of commissioners 
to the other courts be postponed to Friday next. 

VOL. II. 6 



42 SECRET JOURNAL. [Jan. 2, 



JANUARY 2, 1777. 

The committee of secret correspondence brought ia 
the form of a commission to B. Franklin, esquire, com- 
missioner to the court of Spain, which was read ; and 
after debate, 

Resolved, That it be referred to a committee of 
three. 

The members chosen were Mr. Chase, Mr. Wil- 
son, and Mr. S. Adams. 

The committee to whom Dr. Franklin's commission 
wfis referred brought in a draft, which was read and 
agreed to as follows : 

The delegates of the United States of iS^ew Hamp- 
shire, Mussachusptts Bay, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina, 
and Georgia — To all who shall see these presents, 
send greeting. 

Whereas a friendly and commercial connexion be- 
tween the subjects of his catholick majesty the king 
of Spain and the people of these states will be bene- 
ficial to both nations : — Know ye, therefore, that we, 
confiding in the prudence and integrity of Benjamin 
Franklin, one of (he delegates in Congress from the 
state of Pennsylvania, and a commissioner from these 
United Stales to the court of France, have appointed 
and deputed, and by these presents do appoint and de- 
pute, him the said B. Franklin, our commissioner : 



1777.] FOREIGN AFFAIRS. 49 

giving and granting to him, the said Benjamin Frank- 
Jin, full power to communicate, treat, and conclude 
with his catholick majesty the king of S[)ain, or with 
such person or persons as shall by him be for that pur- 
pose authorized, of and upon a true and sincere friend- 
ship, and a firm, inviolable and universal peace, for 
the defence, protection, and safety of the navigation 
and mutual commerce of the subjects of his catholick 
majesty and the people of the United Slates ; and also 
to enter into, and agree upon, a treaty with his catho- 
lick majesty, or such person or persons as shall be by 
him authorized for such purpose, for assistance in car- 
rying on the present war between Great Britain and 
these United States ; and to do all other things which 
may conduce to those desirable ends 5 and promising 
in good faith to ratify whatsoever our said commis- 
sioner shall transact in the premises: Provided al- 
ways, that the said Benjamin Franklin shall continue 
to be possessed of all the powers heretofore given him 
as a commissioner to the court of France from these 
states, so long as he shall remain and be present at 

the said court. 
s 

Done in Congress, at Baltimore, the second day of 
January, in the year of our Lord, one thousand 
seven hundred and seventy-seven. In testimony 
whereof the President, by order of the said Con- 
gress, hath hereunto subscribed his name and af- 
fixed his seal. 

President. 
Attest. 

Secretary. 



44 SECRET JOURNAL. [May 7, 

Ordcrerl, That a copy be made out and transmitted 
to Dr. Franklin. 

Resolved, That a new commission be sent to the 
commissioners at the court ofFrnnce, inchidine; the 
further powers given in the commission now agreed to. 

MAY 1, 1777. 

Resolved, That a commission be made out and sent 
to Arthur Lee. esquire, empowering him, in l)ehalf of the 
United States, to transact such business at the court of 
Spain as shall he entrusted to him by Congress, agreea- 
bly to the instructions that may be given him, and 
transmitted by the committee for foreign aftairs. 

Resolved, That a committee of three be appointed 
to inquire into the laws and customs of nations respect- 
ing neutrality, and to report their opinion, whether the 
conduct of the king of Portugal, in forbidding the ves- 
sels of the United States to enter his ports, and or- 
dering those already there to depart at a short day, is 
not a breach of the laws of neutrality, and will justify 
acts of hostility against the subjects of the said king. 

The members chosen were Mr. Wilson, Mr. J. 
Adams, and Mr. R. H. Lee. 

MAY 7, 1777. 

Congress proceeded to the election of commissioners 
for foreign courts ; and the ballots being taken, Ralph 
Izard, esquire, was elected for the court of Tuscany. 

Resolved, That the election of the other commis- 
sioners be postponed. 



1777.] FOREIGN AFFAIRS. 



MAY 9, 1777. 

Congress proceeded to the election of a commis- 
aioiier for the courts of Vienna and Berlin ; and the 
i ballots being taken, William Lee, esquire, was elected. 

MAY 12, 1777. 

Ordered, That the committee for foreign affairs pre- 
pare a draft of a commission and proper instructions, 
for the commissioners appointed to the courts of Ma- 
drid, Vienna, Berlin, and Tuscany. 

MAY 19, 1777. 

The committee of foreign aflairs brought in a draft 
of a commission and instructions to the commissioners 
to the courts of Vienna, Spain, Berlin, and the grand 
duke of Tuscany, which were read ; and, after debate, 

Resolved, That the same be recommitted. 

MAY 31, 1777. 

The committee for foreign affairs brought in a draft 
of a commission to Arthur Lee, commissioner at the 
court of Madrid, which was read. 

Resolved, That the consideration thereof be post- 
poned to Wednesday next ; and that, on that day, 
Congress resolve itself into a committee of the whole, 
to take into consideration the state of foreign affairs. 



4» SECRET JOURNAL, [June 5, 

and the instructions giv( 
gress at foreign courts. 



and the instructions given to the commissioners of Con 



JUNE 5, 1777. 

Congress resolved itself into a committee of the 
whole, to consider further the commission to A. Lee, 
esquire, and the state of foreign affairs ; and, after 
some time, the President resumed the chair, and Mr. 
F. L. Lee reported, That the committee have agreed 
to the form of a commission to A. Lee, esquire, and 
have come to a resolution on the instructions given 
to the commissioners. The commission being read, 
was agreed to as follows : 

The delegates of the United Slates of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New Jer- 
sey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina and Georgia — To all 
who shall see these presents, send greeting. 

Whereas a friendly and commercial connexion be- 
tween the subjects of his catholick majesty the king of 
Spain and the people of these states, will be beneficial 
to both nations : — Know ye, therefore, that we, confid- 
ing in the prudence and integrity of Arthur Lee, esquire, 
of Virginia, have appointed and deputed, and by these 
presents do appoint and depute him the said Arthur 
Lee, our commissioner, giving and granting to him, the 
said Arthur Lee, full power to communicate, treat, and 
conclude with his catholick majesty, the king of Spain, 



1777.J FOREIGN AFFAIRS. 41 

or with such person or persons as shall be by him for 
that purpose aulliorized, of and upon a true and sin- 
cere friendship, and a firm, inviolable, and universal 
peace, for the defence, protection and safety of the 
navigation and mutual commerce of the subjects of his 
catholick majesty and the people of the United States; 
and also, to enter into, and agree upon a treaty with 
his catholick majesty, or such person or persons as 
shall be by him authorized for that purpose, for assis- 
tance in carrying on the present war between Great 
Britain and llie United States, and to do all other things 
which may conduce to those desirable ends ; and pro- 
mising in good faith to ratify whatsoever our said com- 
missioner shall transact in the premises : Provided al- 
ways, that the said Arthur Lee shall continue to be 
possessed of all the powers heretofore given him, as a 
commissioner at the court of France from these states, 
so long as he shall remain in, and be present at, the 
said court. 

Done in Congress, at Philadelphia, the fifth day of 
June, in the year of our Lord, one thousand se- 
ven hundred and seventy-seven. In testimony 
whereof, the President, by order of the said Con- 
gress, hath hereunto subscribed his name, and 
atlixed his seal. 

[l.s.] President. 

Attest. 

Secretary. 



48 SECRET JOURNAL. [July 1 

The resolution reported by the committee of the 
Avhnle, was read; and, after debate, on the question 
being put, 

It passed in the negative. 

JUNE 27, 1777. 

The commitfee for foreign affairs brought in a draft'of 
commissions and instructions to William Lee, esquire, 
commi<^sioner to the court of Vienna and Berlin, and to 
Ralph Izard, esquire, commissioner to the court of Tus- 
cany, which were read ; and, after debate, the determi- 
nation on a part of the instructions was, at the request 
of a state, postponed till to-morrow. 



JUNE 28, 1777. 

Congress resumed the consideration of the commis- 
sions and instructions proposed to be given to the 
commissioners appointed to the courts of Vienna, and 
Berlin, and the grand duke of Tuscany ; and, after 
debate, 

Resolved, That the same be recommitted. 

JULY 1, 1777. 

The committee for foreign affairs, to whom were 
recommitted the conimissions and instruction? lo the 
commissioners to the courts of Vienna and Berlin, and 
the grand duke of Tuscany, brought in another draft 
of commissions and instructions, which, being taken 
into consideration, were agreed to as follows : 



1777.] FOREIGN AFFAIRS. 4a 

COMMISSION TO WILLIAM LEE. 

The delegates of the United States of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New Jer- 
sey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina and Georgia — To all 
who shall see these presents, send greeting. 

Whereas a friendly and commercial connexion be- 
tween the subjects of his imperial majesty,' the emperor 
of Germany, and the people of these states, will be be- 
neficial to both nations : — Know ye, therefore, that we, 
reposing special (rust and confidence in the zeal, fide- 
lity, abilities and assiduity of William Lee, esquire, of 
the slate of Virginia, have appointed and deputed, and by 
these presents do appoint and depute the said William 
Lee our commissioner, giving and granting to our said 
commissioner full power and authority to communicate 
and treat with his imperial majesty, the emperor of 
Germany, or with such person or persons as shall be 
by him for such purpose authorized, of and upon a 
true and sincere friendship, and a firm, inviolable, and 
universal peace, for the defence, protection and safety 
of the navigation and mutual commerce of the subjects 
of his imperial majesty and the people of the United 
States ; and to do not only all such things as may con- 
duce to those desirable ends, but also, to transact and 
execute all such other matters as shall hereafter be 
given him in charge. 

VOL. It. 7 



sG SECRET JOURNAL. [July 1, 

Done in Congress, at Philadelphia, the first day of 
July, in the year of our Lord, one thousand seven 
hundred and seventy-seven. In testimony vi^hereof 
the President, by order of the said Congress, 
hath hereunto subscribed his name and affixed 
his seal. 

(Signed) JOHN HANCOCK, President. 

Attest, 
Charles Thomson, Secretary. 

Another commission to William Lee, esquire, com- 
missioner to his majesty the king of Prussia, in the 
same terms, mutatis mutandis. 

A commission to Ralph Izard, esquire, of the state of 
South Carolina, commissioner to his royal highness the 
grand duke of Tuscany, similar to that to William 
Lee, mutatis mutandis. 

INSTRUCTIONS TO WILLIAM LEE, ESQUIRE. 

Sin, 

Herewith you will receive commissions from the 
Congress of the United States of North America, au- 
thorizing and appointing you to represent the said 
Congress as their commissioner at the courts of Vienna 
and Berlin. You will proceed with all convenient ex- 
pedition to those courts ; visiting that first, which, oa 
consultation with the commissioners at the court of 
France, shall be judged most proper. You will lose 
no time in announcing in form to those courts, the 
declaration of Independence made in Congress on the 
fourth day of July, 1776. The reasons of this act of 



1777.] FOREIGN AFFAIRS. iJ 

Independence are so strongly adduced in the declara- 
tion itself, that further argument is unnecessary. As 
it is of the greatest importance to these states, that 
Great Britain be effectually obstructed in the plan of 
sending German and Russian troops to North Ameri- 
ca, you will exert all possible address and vigour to 
cultivate the friendship and procure the interference 
of the emperor and of Prussia. To this end you will 
propose treaties of friendship and commerce with these 
powers, upon the same commercial principles as were 
the basis of the first treaties of friendship and com- 
merce proposed to the courts of France and Spain, by 
our commissioners, and which were approved in Con- 
gress the seventeenth day of September, 1776, and not 
interfering with any treaties which may have been pro- 
posed to, or concluded with, the courts abovemen- 
tioned. For your better instruction herein, the com- 
missioners at the court of Versailles will be desired 
to furnish you, from Paris, with a copy of the treaty 
originally proposed by Congress, to be entered into 
with France, together with the subsequent alterations 
that have been proposed on either side. 

You are to propose no treaty of commerce to be of 
longer duration than the term of twelve years from the 
date of its ratification by the Congress of the United 
States. And it must never be forgotten, in these com- 
mercial treaties, that reciprocal and equal advantages 
to the people of both countries be firmly and plainly 
secured. 

There being reasons to suppose that his Prussian 
majesty makes commerce an object, you will not fail 
to place before him, in the clearest light, the great 



i£ SECRET JOURNAL. [July 1, 

advantages that may result from a free trade between 
the Prussian dominions and North America. 

You will seize the first favourable moment to soli- 
cit, with decent firmness and respect, an acknowledg- 
ment of the independence of these states, and the 
publick reception of their commissioner as the repre- 
sentative of sovereign states. The measures you may 
take in the premises, and the occurrences of your ne- 
gotiation, you will communicate to Congress by every 
opportunity. 

It may not be improper to observe, that these in- 
structions, and all others which you may receive from 
lime to time, should be kept as secret as circumstan- 
ces will admit. 

INSTRUCTIONS TO RALPH IZARD, ESQUIRE. 
SIR, 

Herewith you will receive a commission from the 
Congress of the United States of North America, au- 
thorizing and appointing you to represent the said Con- 
gress as their commissioner at the court of the grand 
duke of Tuscany. You will proceed with all conve- 
nient expedition to the court of the grand duke; and 
will lose no time in announcing in form the declara- 
tion of Independence made in Congress the fourth day 
of July, 1776. The reasons of this act of Indepen- 
dence arc so strongly adduced in the declaration itself, 
that further argument is unnecessary. 

As it is of the greatest importance to these states 
that Great Britain be effectually obstructed in the plan 
of sending German and Russian troops to North Ame- 



1777.] FOREIGN AFFAIRS. 53 

rica, yoo will exert all possible address to prevail with 
the grand duke to use his influence with the emperor 
and the courts of France and Spain to this end. 

You will propose a treaty of friendship and com- 
merce with the said grand duke upon the same com- 
mercial principles as were the basis of the first trea- 
ties of friendship and commerce proposed to the courts 
of France and Spain by our commissioners, and which 
were approved in Congress the seventeenth day of 
September, 1776, and not interfering with any treaties 
which may have been proposed to or concluded with 
the courts abovemcntioned. For your better instruc- 
tion herein, the commissioners at the court of Versailles 
will be desired to furnish you, from Paris, with a copy 
of the treaty originally proposed by Congress to be 
entered into with France, together with the subsequent 
alterations that have been proposed on cither side. 

You are to propose no treaty of commerce to be of 
longer duration than the term of twelve years from 
the date of its ratification by the Congress of the 
United States. And it must never be for<iotten in 
these commercial treaties, that reciprocal and equal 
advantages to the people of both countries be firmly 
and plainly secured. 

There being reason to suppose that his royal high- 
ness makes commerce an object of his attention, you 
will not fail to place before him, in the clearest light, 
the great advantages that may result from a free trade 
between Tuscany and North America. 

You will seize the first favourable moment to solicit, 
with firmness and respect, an acknowledgment of the 



54 SECRET JOURNAL. [July 3, 1777. 

independence of these states, and the publick recep- 
tion of their commissioner as the representative of so- 
vereign states. 

The measures you may take in the premises, and 
the occurrences of your negotiation, you will commu- 
nicate to Congress by every op|)ortunity. 

It may not be improper to observe, that these in- 
structions, and all others which you may receive from 
time to time, should be kept as secret as circumstan- 
ces will admit. 

JULY 2, 1777. 

Resolved, That the committee for foreign affairs be 
instructed to prepare a commission to one or more of 
the commissioners appointed to foreign courts, to em- 
power him or them to represent the Congress at the 
stales general of the United Netherlands. 

JULY 3, 1777. 

The committee for foreign affairs brought in the 
form of a commission to a commissioner to the states 
general of the United Netherlands, which was read : 
Whereupon, 

Resolved, That the commission and instructions to 
the commissioner to the states general of the United 
Netherlands, be the same as those given to the com- 
missioners to the courts of Vienna, Berlin, and the 
grand duke of Tuscany. 

The committee for foreign affairs brought in the 
draft of a commission and instructions to the commis- 



Feb. 1778.] FOREIGN AFFAIRS. 56 

sioner to be sent to the states general of the United 
Netherlands, which were read. 
Ordered to lie on the table. 



DECEMBER 3, 1777. 

Resolved, That if the money borrowed cannot be 
obtained at a less interest than six per cent, the com- 
missioners be permitted to engage for that rate of in- 
terest ; and that they stipulate for the payment of the 
interest at periods not less than annual. 

That the commissioners be instructed to consider 
the money hereby directed to be borrowed as a fund 
to be applied (unless Congress direct otherwise) solely 
to the purpose of answering such drafts as Congress 
shall make for the purpose of lessening the sum of pa- 
per money in circulation. 

That in order more effectually to answer the good 
purposes intended by this plan, the commissioners be 
also instructed to keep as secret as the nature of the 
thing will permit, whatever loan they shall be able to 
obtain for this purpose on account of the United 
States ; and that the commissioners be desired to give 
Congress the most early and repeated information of 
their success in this application. 

FEBRUARY 4, 1778. 

Resolved, That the commissioner at the court of 
Tuscany be empowered and directed to endeavour to 
obtain a loan of money, not exceeding one million 
sterling, at the usual rate of interest, on the faith of 



56 SECRET JOURNAL. [Teb. 4, 

the thirteen United States of America, for a term not 
less than ten years, with permission, if practicable, to 
repay the same sooner, if it shall be agreeable to these 
states, giving to the lender twelve months previous 
notice of such intention to return the money. 

Ordered, That the committee for foreign afFiiirs sig- 
nify to the commissioner at the court of Tuscany, 
that if the money, which he is directed to borrow, 
cannot be obtained at a less interest than six per cen- 
tum, he is permitted to engage for that rate ; and that 
he stipulate, if possible, for the payment of the inte- 
rest by annexing it to the principal annually during 
the continuance of the present war ; after which the 
interest shall be paid off yearly as it becomes due. 

That the said commissioner be instructed further to 
consider the money to be borrowed by him as a fund 
to be applied (unless Congress shall direct otherwise) 
solely to answer such drafts as Congress may make 
for the purpose of lessening the sum of paper money 
in circulation. 

That he be also instructed to keep as secret as the 
nature of the thing will admit whatever loan he shall 
be able to obtain on account of these United States; 
and to give the most early and repeated information to 
Congress of his progress in the directed application. 



1778.] FOREIGN AFFAIRS. ja 

MAY 4, 1778. 
Pull powers of Mr. Gerard, in French.* 

THE TRANSLATION. 

Lewis, by the grace of God king of France and 
Navarre, to all who shall see these presenls, 
Greeting. 

The Congress of the thirteen United States of North 
America having made known to us, by their plenipo- 
tentiaries residing at Paris, their desire to establish 
between us and our dominions a good understanding, 
and a perfect correspondence ; and having for that 
purpose proposed to conclude with us a treaty of ami- 
ty and commerce ; and we having thought it our duty 
to give to the said states a sensible proof of our affec- 
tion, by a determination to accept of their proposals: 
For these causes, and other good considerations us 
thereunto moving, we, reposing entire confidence in 
the abilities, experience, zeal, and fitlelity for our ser- 
vice of our dear and beloved Conrad Alexander Ge- 
rard, royal syndic of the city of Strasburg, and sec- 
retary of our council of state, have nominated, 
appointed and commissioned, and by these presents 
signed with our hand, do nominate, appoint, and com- 
mission him our plenipotentiary, giving him power and 
special command for us, and in our name, to agree 
upon, conclude and sign with the plenipotentiaries of 

* For tlu; treaty of commerce. 

vor,. I!. 



5ti SECRET JOURNAL. [May 4, 

the United States, equally furnished in due form with 
full power, such treaty, convention, and articles of 
comnoerce and navigation, as he shall think proper, 
willing that he act with the same authority as we might 
or could act, if we were personally present, and even 
as though he had more special command than what is 
herein contained; promising in good faith and on the 
word of a king, to agree to, confirm, and establish for- 
ever, and to accomplish and execute punctually, all 
that our said dear and beloved Conrad Alexander Ge- 
rard shall stipulate and sign, by virtue of the present 
power, without contravening it in any manner, or suf- 
fering it to be contravened for any cause, or under any 
pretext whatsoever ; and also to ratify the same in 
due form, and cause our ratification to be delivered 
and exchanged in the time that shall be agreed on. 
For such is our pleasure. 

In testimony wheieof, we have hereunto set our seal. 

Done at Versailles, this thirtieth day of January, 
in the year of our Lord, one thousand seven hun- 
dred and seventy-eight, and the fourth year of our 
reign. 

[l. s.] Signed, LOUIS. 

By the King. 

Gavier de Vergennes. 

The treaties are executed in French and English. 
The Ensflish is as follows : 



11 



1778.] FOREIGN AFFAIRS. 



TREATY OF AMITY AND COJUMERCE. 

The most christian king, and the thirteen United 
States of North America, viz. New Hampshire, 
Massachusetts Bay, Rhode Island, Connecticut, New 
York, New Jorsoy, Pennsylvania, Delaware, Ma- 
ryland, Virginia, North Carolina, South Carolina 
and Georgia, willing to fix in an equitable and 
permanent manner the rules which ought to be fol- 
lowed relative to the correspondence and commerce 
which the two parties desire to establish between their 
respective countries, states, and subjects ; his most 
christian majesty and the said United States have judg- 
ed that the said end could not be better obtained, than 
by taking, for the basis of their agreement, the most 
perfect equality and reciprocity, and by carefully 
avoiding all those burdensome preferences which are 
usually sources of debate, embarrassment, and discon- 
tent, by leaving also each party at liberty to make, 
respecting navigation and commerce, those interiour 
regulations which it shall find most convenient to itself, 
and by founding the advantage of commerce solely 
upon reciprocal utility and the just rules of free intei-- 
course, reserving withal to each party the liberty of 
admitting, at its pleasure, other nations to a participa- 
tion of the same advantages. It is in the spirit of 
this intention, and to fulfil these views, that his said 
majesty, having named and appointed for his plenipo- 
tentiary, Conrad Alexander Gerard, royal syndic of 
the city of Strasburg, secretary of his majesty's 
council of state ; and the United States, on their part. 



60 



SECRET JOURNAL. 



[May 4, 



having fully empowered Benjamin Franklin, deputy 
from ihe state of Pennsylvania to the general Con- 
gress, and president of the convention of said state, 
Silas Deane, late deputy from the state of Connecticut 
to the said Congress, and Arthur Lee, counsellor at 
law. The said respective plenipotentiaries, after ex- 
changing their powders, and after mature deliberation, 
have concluded and agreed upon the following articles. 



ARTICLE I. 

There shall be a firm, inviolable and universal 
peace, and a true and sincere friendship between the 
most christian king, his heirs, and successors, and the 
United States of America, and the subjects of the most 
christian king and of the said states, and between the 
countries, islands, cities and towns situate under the 
jurisdiction of the most christian king, and of the said 
United Stales, and the people and inhabitants of every 
degree without exception of persons or places 5 and 
the terms hereinafter mentioned shall be perpetual 
between the most christian king, his heirs and succes- 
sors, and the said United States. 



ARTICLE 11. 



The most christian king and the United States en-' 
gage, mutually, not to grant any particular favour to 
other nations in respect to commerce and navigation, 
which shall not immediately become common to the 
other parly, who shall enjoy the same favour freely, if 



1778.3 FOREIGN AFFAIRS. 61- 

the concession was freely made, or, on allowing the 
same compensation, if the concession was conditional. 



ARTICLE III. 

The subjacts of the most christian king shall pay in 
the ports, havens, roads, countries, islatuls, cities or 
towns of the United States, or any of them, no other 
greater duties or imposts, of what nature soever they 
may be, or by what name soever called, than those 
which the nations most favoured are, or shall be 
obliged to pay •, and they shall enjoy all the rights, 
liberties, privileges, immunities and exemptions in 
trade, navigation and commerce, whether in passing 
from one port in the said states to another, or in 
going to or from the same, from and to any part of 
the world, which the said nations do or shall enjoy. 

ARTICLE IV. 

The subjects, people and inhabitants of the said 
United States, and each of them, shall not pay in the 
ports, havens, roads, isles, cities and places under the 
domination of his most christian majesty, in Europe, 
any other or greater duties or imposts, of what nature 
soever they may be, or by what name soever called, 
than those which the most favoured nations are or 
shall be obliged to pay ; and they shall enjoy all the 
rights, liberties, privileges, immunities and exemptions 
in trade, navigation and commerce, whether in passing 
from one port in the said dominions in Europe to 
another, or in going to and from the same, from and to 



62 



SECRET JOURNAL, [May 4, 



any part of the world, which the said nations do or 
shall enjoy. 



ARTICLE V. 



In the above exemption is particularly comprised 
the imposition of one hundred sous per ton, established 
in France on foreign ships, unless when the ships of 
the United States shall load with merchandises of 
France for another port of the same dominion, in which 
case the said ships shall pay the duty abovementioned 
so long as other nations, the most favoured, shall be 
obliged to pay it. But it is understood that the said 
United States, or any of them, are at liberty when they 
shall judge it proper to establish a duty equivalent in 
the same case. 



ARTICLE VI. 



The most christian king shall endeavour, by all the 
means in his power, to protect and defend all vessels 
and the effects belonging to the subjects, people, or 
inhabitants of the said United States, or any of them, 
being in his ports, havens or roads, or on the seas 
near to his countries, islands, cities or towns, and to 
recover and restore to the right owners, their agents 
or attorneys, all such vessels and effects which shall 
be taken within his jurisdiction ; and the ships of war 
of his most christian majesty, or any convoy sailing 
under his authority, shall upon all occasions take under 
their protection all vessels belonging to the subjects, 
people or inhabitants of the said United States, or any 



1778] FOREIGN AFFAIRS. 99 

of them, and holding the same course, or going the 
same way, and shall defend such vessels as long as 
ihey hold the same course, or go the same way, against 
all attacks, force or violence, in the same manner as 
they ought to protect and defend the vessels belonging 
to the subjects of the most christian king. 

ARTICLE VII. 

In like manner the said United States, and their 
ships of war sailing under their authority, shall pro- 
tect and defend, conformably to the tenor of the pre- 
ceding article, all the vessels and effects belonging 
to the subjects of the most christian king, and use all 
their endeavours to recover, and cause to be restored, 
the said vessels and effects that shall have been taken 
within the jurisdiction of the said United States, or any 
of them. 



ARTtCLE VIII. 

The most christian king will employ his good offices 
and interposition with the king or emperor of Moroc- 
co, or Fez, the regencies of Algiers, Tunis and Tripo- 
li, or with any of them, and also with every other 
prince, slate or power of the coast of Barbary, in 
Africa, and with the subjects of the said king, empe- 
ror, states and powers, and each of them, in order to 
provide as fully and efficaciously as possible for the 
benefit, conveniency and safety of the said United 
States, and each of them, their subjects, people and 
inhabitants, and their vessels and effects, against all 



•4 SECRET JOURNAL. [May 4, 

violence, insult, attacks or depreciations, on the part 
of the said princes and stales of Barbary, or their 
subjects. 



ARTICLE IX. 

The subjects, inhabitants, merchants, commanders 
of ships, masters and mariners of the states, provinces 
and dominions of each party, respectively, shall ab- 
stain and forbear to fish in all places possessed, or 
which shall be possessed, by the other party. The 
most christian king's subject^s shall not fish in the ha- 
vens, bays, creeks, roads, coasts or places, which the 
said United States hold or shall hereafter hold ; and in 
like manner the subjects, people and inhabitants of 
the said United States shall not fish in the havens, 
bays, creeks, roads, coasts or places which the most 
christian king possesses, or shall hereafter possess ; 
and if any ship or vessel shall be found fishing contra- 
ry to the tenor of this treaty, the said ship or vessel 
with its lading, proof being made thereof, shall be con- 
fiscated. It is however understood, that the exclusion 
stipulated in the present article shall take place only 
so long and so far as the most christian king or the 
United States shall not, in this respect, have granted 
an exemption to some other nation. 

ARTICLE X. 

The United States, their citizens and inhabitants, 
shall never disturb the subjects of the most christian 
king in the enjoyment and exercise of the right of 



1778.] FOREIGN AFFAIRS. 65 

fishing on the banks of Newfoundland, nor In the in- 
definite and exclusive right which belongs to thorn on 
that part of the coast of that island which is designed 
by the treaty of Utrecht, nor in the rights relative to 
all and each of the isles which belong to his most 
christian majesty ; the whole conformable to the true 
sense of the treaties of Utrecht and Paris. 



ARTICLE Xr. 

It is agreed and concluded, that there shall never 
be any duty imposed on the exportation of molasses 
that may be taken by the subjects of any of the United 
States from the islands of America, which belong, or 
may hereafter appertain, to his most christian ma- 
jesty. 

ARTICLE XII. 

In compensation of the exemption stipulated by the 
preceding article, it is agreed and concluded, that 
there shall never be any duties imposed on the expor- 
tation of any kind of merchandise which the subjects 
of hi"s most christian majesty may take from the coun- 
tries and possessions present or future of any of the 
thirteen United States, for the use of the islands which 
shall furnish molasses. 

ARTICLE XIII. 

The subjects and inhabitants of the said United 
States, or any one of them, shall not be reputed aufiam? 

VOL. II. 9 



<>« 6ECRET JOURNAL. [May 4, 

in France, and consequently shall be exempted from 
the droit d'aubaine, or other similar duty under what 
name soever. They may by testament, donation, or 
otherwise, dispose of their goods, moveable and im- 
moveable, in favour of such persons as to them shall 
seem good ; and their heirs, subjects of the said United 
Stales, residing, whether in France or elsewhere, may 
succeed them ab inteslato, without being obliged to 
obtain letters of naturalization, and without having the 
effect of this concession contested or impeded under 
pretext of any rights or prerogatives of provinces, 
cities, or private persons ; and the said heirs, whether 
such by particular title, or ab inlestato, shall be ex- 
empt from all duty called droit de detraction, or other 
duty of the same kind ; saving, nevertheless, the local 
rights or duties, as much and as long as similar ones 
are not established by the United States, or any of 
them. The subjects of the most christian king shall 
enjoy, on their part, in all the dominions of the said 
states, an entire and perfect reciprocity relative to the 
stipulations contained in the present article. But it 
is at the same time agreed, that its contents shall not 
affect the laws made, or that may be made hereafter in 
France, against emigrations, which shall remain in all 
their force and vigour ; and the United States, on 
their part, or any of them, shall be at liberty to enact 
such laws, relative to that matter, as to them shall 
seem proper. 



1778.] FOREIGN AFFAIRS. 61 



ARTICLE XIV. 

The mercliant ships of either of the parties which 
shall be making into a port belonging to the enemy of 
the other ally, and concerning whose voyage and the 
species of goods on board them, there shall be just 
grounds of suspicion, shall be obliged to exhibit, as 
well upon the high seas as in the ports and havens, 
not only their passports, but likewise certificates, ex- 
pressly showing that their goods arc not of the num- 
ber of those which have been prohibited as contra- 
band. 



ARTICLE XV. 

If by the exhibiting of the above said certificates 
the' other party discovers there are any of those 
sorts of goods which are prohibited and declared 
contraband, and consigned for a port under the obe- 
dience of his enemy, it shall not be lawful to break up 
the hatches of such ship, or to open any chest, coffers, 
packs, casks, or any other vessels found therein, or to 
remove the smallest parcels of her goods, whether 
such ship belongs to the subjects of France or the in- 
habitants of the said United States, unless the lading 
be brought on shore, in the presence of the officers of 
the court of admiralty, and an inventory thereof made; 
but there shall be no allowance to sell, exchange, or 
alienate the same in any manner until after that due and 
lawful process shall have been had against such pro- 
hibited goods, and the court of admiralty shall, by a 



b» SECRET JOURNAL. [May 4, 

sentence pronounced, have confiscated the same ; 
saving always, as well the ship itself, as any other 
goods found therein, which by this treaty are to be 
esteemed free ; neither may they be detained on pre- 
tence of their being as it were infected by tlie prohi- 
bited goods ; much less shall they be confiscated, as 
lawful prize ; but if not the whole cargo, but only part 
thereof, shall consist of prohibited or contraband goods, 
and the commander of the ship shall be ready and 
willing to deliver them to the captor, who has disco- 
vered them 5 in such case, the captor having re- 
ceived those goods, shall forthwith discharge the ship, 
and not hinder her by any means freely to prosecute 
the voyage on which she was bound ; but in case the 
contraband merchandise cannot be all received on 
board the vessel of the captor, then the capior may. 
iiotwithstanding the offer of delivering him the contra- 
band goods, carry the vessel into the nearest portj 
agreeable to what is above directed. 

ARTICLE XVI. 

On the contrary, it is agreed, that whatever shall be 
found to be laden by the subjects and inhabitants of 
either party, on any ship belonging to the enemies of 
the other, or to their subjects, the whole, although it 
be not of the sort of prohibited goods, may be confis- 
cated in the same manner as if it belonged to the ene- 
my, except such goods and merchandise as were put 
on board such ship before the declaration of war, or 
even after such declaration, if so be it were done with- 
out the knowlcdire of Fuch declaration; so that th'^ 



1778.] FOREfGN AFFAIRS. 4» 

goods of the subjects and people of either party, 
whether they be of the nature of such as are prohibit^ 
ed, or otherwise, which, as is aforesaid, were put on 
board any ship belonging to an enemy before the war, 
or after the declaration of the same, without (he know- 
ledge of it, shall no ways be liable to confiscation ; 
but shall well and truly be restored, without delay, to 
the proprietors demanding the same ; but so as that, 
if the said merchandise be contraband, it shall not be 
any ways lawful to carry them afterwards to any ports 
belonging to the enemy. The two contracting parlies 
agree, that the term of two months being passed after 
the declaration of war, their respective subjects from 
•whatever part of the world they come, shall not plead 
the ignorance mentioned in this article. 



ARTICLE XVII. 

And that more effectual care may be taken for the 
security of the subjects and inhabitants of both parties, 
that they suffer no injury by the men of w'ar or priva- 
teers of the other party, all the commanders of the 
ships of his most christian majesty, and of the said 
United States, and all their subjects and inhabitanlSf 
shall be forbid doing any injury or damage to the 
other side ; and if they act to the contrary, they shall 
be punished, and shall moreover be bound to make 
satisfaction for all matter of damage, and the interest 
thereof, by reparation, under the pain and obligation of 
their persons and goods. 



70 SECRET JOURNAL. |.May 4, 



ARTICLE XVIII. 

All ships and merchandise, of what nature soever, 
which shall be rescued out of the hands of any pirates 
or robbers on the high seas, shall be brought into 
some port of either state, and shall be delivered to the 
custody of the officers of that port, in order to be re- 
stored entire to the true proprietor, as soon as due 
and sufficient proof shall be made concerning the pro- 
perty thereof. 

ARTICLE XIX. 

It shall be lawful for the ships of war of either party, 
and privateers, freely to carry whithersoever they 
please, the ships and goods taken from their enemies, 
without being obliged to pay any duty to the officers 
of the admiralty, or any other judges ; nor shall such 
prizes be arrested or seized when they come to, and 
enter the ports of the other party ; nor shall the sear- 
cher or other officers of those places search the same, 
or make examination concerning the lawfulness of such 
prizes, but they may hoist sail at any time, and depart, 
and carry their prizes to the places expressed in their 
commissions, which the commanders of such ships of 
war shall be obliged to show. On the contrary, no 
shelter or refuge shall be given in their ports to such 
as shall have made prize of the subjects, people or 
property of either of the parties ; but if such shall come 
in, being forced by stress of weather, or the danger of 
the sea. all proper means shall be vigorously used, 



1778.] FOREIGN AFFAIRS. Ji 

that they go out and retire from thence as soon as pos- 
sible. 



ARTICLE XX. 

If any ship belonging to cither of the parties, their 
people or subjects, shall, within the coast or dominions 
of the other, stick upon the sands, or be wrecked, or 
suffer any other damage, all friendly assistance and 
relief shall be given to the persons shipwrecked, or 
such as as shall be in danger thereof. And letters of 
safe conduct shall likewise be given to them for their 
free and quiet passage from thence, and the return 
of every one to his own country. 



ARTICLE XXI. 

In case the subjects and inhabitants of either party, 
with their shipping, whether publick and of war, or 
private and of merchants, be forced through stress of 
weather, pursuit of pirates or enemies, or any other 
urgent necessity for seeking of shelter and harbour, to 
retreat and enter into any of the rivers, bays, roads or 
ports belonging to the other party, they shall be re- 
ceived and treated with all humanity and kindness, and 
enjoy all friendly protection and help ; and they 
shall be permitted to refresh and provide themselves, 
at reasonable rates, with victuals, and all things need- 
ful for the sustenance of their persons, or reparation of 
their ships, and convenicncy of their voyage, and they 
ghall no ways be detained or hindered from returning 



^ SECRET JOURNAL. [May 4, 

out of the said ports or roads, but may remove and 
depart when and whither they please, without any let 
or hindrance. 



ARTICLE XXII. 

For the better promoting of commerce on both sides, 
it is agreed, that if a war should break out between the 
said two nations, six months after the proclamation of 
war shall be allowed to the merchants, in the cities 
and towns where they live, for selling and transporting 
their goods and merchandises ; and if any thing be 
taken from them, or any injury be done them within 
that term, by either party, or the people or subjects 
of either, full satisfaction shall be made for the same. 



ARTICLE XXIII. 

No subjects of the most christian king shall apply 
for, or take any commission or letter of marque for 
arming any ship or ships to act as privateers against 
the said United States, or any of them, or against the 
subjects, people or inhabitants of the said United 
States, or any of them, or against the property of any 
of the inhabitants of any of them, from any prince or 
state with which the said United Stales shall be at 
war 5 nor shall any citizen, subject or inhabitant of the 
said United States, or any of them, apply for, or take 
any commission or letters of marque for arming any 
ship or ships, to act as privateers against the sub- 
jects of the most christian king, or any of them, or the 



1778.] FOREIGN AFFAIRS. 73 

property of any of them, from any prince or state with 
which the said king shall be at war; and if any person 
of either nation shall take such commissions or letters 
of marque, he shall be punished as a pirate. 



ARTICLE XXIV. 

It shall not be lawful for any foreign privateers not 
belonging to the subjects of the most christian king, 
nor citizens of the said United States, who have com- 
missions from any other prince or state at enmity with 
, cither nation, to fit their ships in the ports of either the 
one or the other of the aforesaid parties, to sell what 
they have taken, or in any other manner whatsoever 
to exchange their ships, merchandises, or any other la- 
ding ; neither shall they be allowed even to purchase 
victuals, except such as shall be necessary for their 
going to the next port of that prince or state from which 
they have commissions. 



ARTICLE XXV. 

It shall be lawful for all and singular the subjects of 
the most christian king, and the citizens, people and 
inhabitants of the said United States, to sail with their 
ships with all manner of liberty and security, no dis- 
tinction being made, who are the proprietors of the 
merchandise laden thereon, from any port to the places 
of those who now are, or hereafter shall be, at enmity 
with the most christian king, or the United States. It 
shall likewise be lawful for the subjects and inhabitants 

'^'OT.. II. 10 



74 SECRET JOITRNAL. [May 4, 

aforesaid to sail with their ships and merchandises 
aforementioned, and to trade with the same liberty and 
security from the places, ports and havens of those 
who are enemies of both or either party, without any 
opposition or disturbance whatsoever, not only directly 
from the places of the enemy aforementioned to neutral 
places, but also from one place belonging to an enemy 
to another place belonging to an enemy, whether they 
be under the jurisdiction of the same prince, or under 
several. And it is hereby stipulated, that free ships 
shall also give a freedom to goods ; and that every 
thing shall be deemed to be free and exempt which 
shall be found on board the ships belonging to the sub- 
jects of either of the confederates, although the whole 
lading or any part thereof, should appertain to the 
enemies of either, contraband goods being always ex- 
cepted. It is also agreed, in like manner, that the 
same liberty be extended to persons who are on board 
a free ship, with this effect, that although they be ene- 
mies to both or cither party, they are not to be taken 
out of that free ship, unless they are soldiers, and in 
actual service of the enemies. 



ARTICLE XXVI. 

This liberty of navigation and commerce shall ex- 
tend to all kinds of merchandises, excepting those only 
which are distinguished by the name of contraband ; 
and under this name of contraband or prohibited goods, 
shall be comprehended arms, great guns, bombs with 
i.lioir fiisccs, and other things belonging to them, cannon 



II 



1778.] FOREIGN AFFAIRS. 96 

ball, gunpowder, match, pikes, swords, lances, spears, 
halberds, mortars, petards, granadoes, saltpetre, mus- 
kets, musketballs, bucklers, helmets, breastplates, coats 
of mail, and the like kind of arms proper for arming 
soldiers, musket rests, belts, horses with their furni- 
ture, and all other warlike instruments whatever. 
These merchandises which follow shall not be reckon- 
ed among contraband or prohibited goods, that is to 
say, all sorts of cloths and all other manufactures woven 
of any wool, flax, silk, cotton, or any other materials 
whatever, all kinds of wearing apparel, together with 
the species whereof they are used to be made, gold 
and silver, as well coined as uncoined, tin, iron, latten, 
copper, brass, coals, as also wheat and barley, and any 
other kind of corn and pulse, tobacco, and likewise all 
manner of spices, salted and smoked flesh, salted fish, 
cheese and butter, beer, oil, wines, sugars, and all sorts 
of salts, and, in general, all provisions which serve for 
the nourishment of mankind and the sustenance of life. 
Furthermore, all kinds of cotton, hemp, flax, tar, pitch, 
ropes, cables, sails, sail cloths, anchors and any parts 
of anchors, also ships' masts, planks, boards, and 
beams, of what trees soever, and all other things pro- 
per either for building or repairing ships, and all other 
goods whatever, which have not been worked into the 
form of any instrument or thing prepared for war by 
land or by sea, shall not be reputed contraband, much 
less such as have been already wrought, and made up 
for any other use ; all which shall be wholly reckoned 
among free goods ; as likewise all other merchandises 
and things which are not comprehended, and particu- 
larly mentioned in the foregoing enumeration of con- 



16 SECRET JOURNAL. [May 4, 

traband goods ; so ihat they may be transported and 
carried in the freest manner, by the subjects of both 
confederates, even to places belonging to an enemy ; 
such towns or places being only excepted, as are at 
that time besieged, blocked up, or invested. 



ARTICLE XXVIl. 

To the end that all manner of dissentions and quar- 
rels may be avoided and prevented, on one side and 
the other, it is agreed, that in case either of the parties 
hereto should be engaged in war, the ships and vessels 
belonging to the subjects or people of the other ally 
must be furnished with sea letters, or passports, ex- 
pressing the name, property and bulk of the ship, as 
also the name and place of habitation of the master or 
commander of the said ship, that it may appear thereby 
that the ship really and truly belongs to the subjects 
of one of the parties ; which passport shall be made 
out and granted according to the form annexed to this 
treaty : they shall likewise be recalled every year, that 
is, if the ship happens to return home within the space 
of a year. It is likewise agreed, that such ships being 
laden, are to be provided, not only with passports, as 
abovemcntioned, but also with certificates containing 
the several particulars of the cargo, the place whence 
the ship sailed, and whither she is bound, so that it 
rnay be knov/n whether any forbidden or contraband 
scoods be on board of the same ; which certificates 
shall be made out by the otTicers of the place whence 
the ship set sail, in the accustomed form. And if any 
one shall think it fit, or advisable, to express in the said 



1778.] FOREIGN AFFAIRS. 77 

certificates the persons to whom the goods belong, he 
may freely do so. 



ARTICLE XXVni. 

The ships of the subjects and inhabitants of either 
of the parties, coming upon any coast belonging to 
either of the said allies, but not willing to enter into 
port, or being entered into port, and not willing to un- 
load their cargoes, or break bulk, they shall be treated 
according to the general rules prescribed, or to be 
prescribed, relative to the object in question. 



ARTICLE XXIX. 

If the ships of the subjects, people or inhabitants of 
either of the parties shall be met with sailing along 
the coasts, or on the high seas, by any ship of war of 
the other, or by any privateer, the said ship of war, or 
privateer, for the avoiding of any disorder, shall re- 
main out of cannon shot, and may send their boats on 
board the merchant ship which they shall so meet with, 
and may enter her to the number of two or three men 
only, to whom the master or commander of such ship 
or vessel shall exhibit his passport concerning the 
property of the ship, made out according to the form 
inserted in this present treaty ; and the ship, when she 
shall have showed such passport, shall be free and at 
liberty to pursue her voyage, so as it shall not be law- 
ful to molest or search her, in any manner, or to give 
her chase, or force her to quit her intended course. 



71 SECRET JOURNAL. [May 4, 



ARTICLE XXX. 

It is also agreed, that all goods, when once put on 
board the ships and vessels of either of the two con- 
tracting parties, shall be subject to no further visita- 
tion, but all visitation, or search, shall be made before- 
hand, and all prohibited goods shall be stopped on the 
spot, before the same be put on board, unless there are 
manifest tokens or proofs of fraudulent practice. Nor 
shall either the persons or goods of the subjects of his 
most christian majesty, or the United States, be put 
under any arrest, or molested by any other kind of 
embargo for that cause ; and only the subject of that 
state to whom the said goods have been, or shall be 
prohibited, and who shall presume to sell, or alienate 
such sort of goods, shall be duly punished for the of- 
fence. 



ARTICLE XXXI. 

The two contracting parties grant, mutually, the 
liberty of having each in the ports of the other, con- 
suls, vice-consuls, agents and commissaries, whose 
functions shall be regulated by a particular agreement. 



ARTICLE XXXII. 

And the more to favour and facilitate the commerce 
which the subjects of tho United Stales may have with 
France, the most christian king will grant them, in 



1778.] FOREIGN AFFAIRS. W 

Europe, one or more free ports, where they may bring 
and dispose of all the produce and merchandise of the 
thirteen United States ; and his majesty will also con- 
tinue to the subjects of the said states the free ports 
which have been and are open in the French Islands 
of America ; of all which free ports, the said subjects 
of the United States shall enjoy the use, agreeable to 
the regulations which relate to them. 



ARTICLE XXXIII. 

The present treaty shall be ratified on both sides, 
and the ratifications shall be exchanged, in the space 
of six months, or sooner if possible. 

In faith whereof the respective plenipotentiaries 
have signed the above articles, both in the French 
and English languages ; declaring, nevertheless, 
that the present treaty was originally composed 
and concluded in the French language. And 
they have thereto set their seals. — Done at Paris, 
the sixth day of February, 1778. 

e. A. GERARD, [l. s.] B. FRANKLIN, [l. s.] 

SILAS DEANE, [l. s.] 
ARTHUR LEE. [l. s.] 

Form of the passports and letters which are to be 
given to the ships and barks, according to the 27th 
article of this treaty. 

To all who shall see these presents. Greeting. 

It is hereby made known. That leave and permis- 
sion has been given to master and commander 



8iO SECRET JOURNAL. [May 4, 

of the ship called of the town of bur- 

den tons, or thereabouts, lying at present in the 

port or haven of and laden with After 

that his ship has been visited, and before sailing, he 
shall make oath, before the officers who have the ju- 
risdiction of maritime affairs, that the said ship be- 
longs to one or more of the subjects of The 
act whereof shall be put at the end of these presents ; 
as likewise that he will keep, and cause to be kept by 
his crew on board, the marine ordinances and regu- 
lations, and enter, in the proper office, a list signed and 
witnessed, containing the names and surnames, the 
places of birth and abode of the crew of his ship, and 
of all who shall embark on board her, whom he shall 
not take on board without the knowledge and permis- 
sion of the officers of marine. And in every port or 
haven, where he shall enter with his ship, he shall 
shou this present leave to the officers and judges of the 
marine ; and shall give a faithful account to them of 
what passed and was done during his voyage ; and he 
shall carry the colours, arms and ensigns of the king, 
or United States, during his voyage. 

In witness whereof we have signed these presents, 
and put the seal of our arras thereunto, and caus- 
ed the same to be countersigned by at 

the day of 

Anno Domini 



1T78.] FOREIGN AFFAIRS. ft 

Full powers of Mr. Gerard, in French.* 

THE TRANSLATION. 

Lewis, by the grace of God king of France and 
Navarre — To all who shall see these presents, 
Greeting. 

The Congress of the United States of America hav- 
ing, by their plenipotentiaries residing in France, pro- 
posed to form with us a defensive and eventual alli- 
ance ; and willing to give the said states an efficacious 
proof of the interest we take in their prosperity, we 
have determined to conclude the said alliance. For 
these causes, and other good considerations us there- 
unto moving, we, reposing entire confidence in the abi- 
lities and experience, zeal and fidelity for our service, 
of our dear and beloved Conrad Alexander Gerard, 
royal syndic of the city of Strasburg, secretary of our 
council of state, have nominated, commissioned and 
deputed, and by these presents signed with our hand, 
do nominate, commission and depute him our pleni- 
potentiary, giving him power and special command to 
act in this quality, and confer, negotiate, treat and 
agree conjointly with the abovemenlioned plenipo- 
tentiaries of the United States, vested in like manner 
with powers in due form, to determine and conclude 
such articles, conditions, conventions, declarations, 
definitive treaty, and any other acts whatever, as he 
shall judge proper to answer the end which we pro- 

• For the treaty of alliance. 
VOL. II. 11 



82 SECRET JOURNAL. [May 4, 

pose ; promising, on the faith and word of a king, to 
agree to, confirm and establish for ever, to accomplish 
and execute punctually whatever our said beloved 
Conrad Alexander Gerard shall have stipulated and 
signed, in virtue of the present power, without ever 
contravening it, or suffering it to be contravened, for 
any cause and under any pretext whatever; as like- 
wise to cause our letters of ratification to be made in 
due form, and to have them in order, or to be exchang- 
ed at the time that shall be agreed upon. For such 
is our pleasure. 

In testimony whereof we have set our seal to these 

presents. 
Given at Versailles, the thirteenth day of January, 

in the year of grace, one thousand seven hundred 

and seventy-eight. 

[l. s.] LOUIS. 

By the King. 

Gravier de Vergennes. 



TREATY OF ALLIANCE, EVENTUAL AND DEFENSIVE. 

The most christian king, and the United States of 
North America, to wit, New Hampshire, Massachu- 
setts Bay, Rhode Island, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina and Georgia, having 
this day concluded a treaty of amity and commerce, 
for the reciprocal advantage of their subjects and citi- 
zens, have thought it necessary to take into considera- 



1778.] FOREIGN AFFAIRS. 83 

tion the means of strengthening those engagements, 
and of rendering them useful to the safety and tran- 
quillity of the two parties ; particularly in case Great 
Britain, in resentment of that connexion and of the 
good corrrspondence which is the object of the said 
treaty, should break the peace with France, either by 
direct hostilities, or by hindering her commerce and 
navigation in a manner contrary to the rights of na- 
tions, and the peace subsisting between the two crowns. 
And his majesty and the said United States, having re- 
solved, in that case, to join their counsels and efforts 
against the enterprises of their common enemy, the 
respective plenipotentiaries empowered to concert the 
clauses and conditions proper to fulfil the said inten- 
tions, have, after the most mature deliberation, con- 
cluded and determined on the following articles. 



ARTICLE I. 

If war should break out between France and Great 
Britain, during the continuance of the present war be- 
tween the United States and England, his majesty and 
the said United States shall make it a common cause, 
and aid each other mutually with their good offices, 
their counsels, and their forces, according to the exi- 
gence of conjunctures, as becomes good and faithful 
allies. 



ARTICLE II. 

The essential and direct end of the present defen- 
sive alliance is, to maintain effectually the liberty, so- 



w 



84 SECRET JOURNAL. [May 4, 

vereignty, and independence absolute and unlimited of 
the said United States, as well in matters of govern- 
ment as of commerce. 



ARTICLE m. 

The two contracting parties shall, each on its own 
part, and in the manner it may judge most proper, 
make all the efforts in its power against their common 
enemy, in order to attain the end proposed. 

ARTICLE IV. 

The contracting parties agree, that in case either of 
them should form any particular enterprise in which 
the concurrence of the other may be desired, the party 
whose concurrence is desired shall readily, and with 
good faith, join to act in concert for that purpose, as 
far as circumstances, and its own particular situation, 
will permit ; and in that case, they shall regulate, by 
a particular convention, the quantity and kind of suc- 
cour to be furnished, and the time and manner of its 
being brought into action, as well as the advantages 
which are to be its compensation. 

ARTICLE V. 

If the United States should think fit to attempt the 
reduction of the British power remaining in the nor- 
thern parts of America, or the islands of Bermudas, 
those countries or islands, in case of success, shall be 



1778.] FOREIGN AFFAIRS. 81 

confederated with, or dependent upon, the said United 
States. 



ARTICLE VI. 

The most christian king renounces for ever the pos- 
i session of the islands of Bermudas, as well as of any 
part of the continent of North America which, before 
the treaty of Paris in 1763, or in virtue of that treaty, 
were acknowledged to belong to the crown of Great 
Britain, or to the United States heretofore called Bri- 
tish colonies, or which are at this time, or have lately 
been, under the power of the king and crown of Great 
Britain. 

ARTICLE VII. 

If his most christian majesty shall think proper to 
attack any of the islands situated in the gulf of Mexi- 
co, or near that gulf, which are at present under the 
power of Great Britain, all the said isles, in case of 
success, shall appertain to the crown of France. 

ARTICLE VIII. 

Neither of the two parties shall conclude either 
truce or peace with Great Britain, without the formal 
consent of the other first obtained ; and they mutually 
engage not to lay down their arms until the indepen- 
dence of the United States shall have been formally, 
or tacitly, assured by the treaty or treaties, that shall 
terminate the war. 



86 SECRET JOURNAL. [May 4, 



ARTICLE IX. 



Tho contracting parties declare, that, being resolved 
to fulfil, each on its own part, the clauses and condi- 
tions of the present treaty of alliance, according to its 
own power and circumstances, there shall be no after 
claitn of compensation on one side or the other, what- 
ever may be the event of the war. 



ARTICLE X, 



The most christian king and the United States agree 
to invite or admit other powers, who may have receiv- 
ed injuries from England, to make common cause with 
them, and to accede to the present alliance, under 
such conditions as shall be freely agreed to and settled 
between all the parties. 

ARTICLE XI. 

The two parties guarantee, mutually, from the pre- 
sent time and forever, against all other powers, to wit, 
the United States to his most christian majesty, the 
present possessions of the crown of France in Ameri- 
ca, as well as those which it may acquire by the future 
treaty of peace ; and his most christian majesty gua- 
rantees, on his part, to the United States, their liberty, 
sovereignty, and independence, absolute and unlimit- 
ed, as well in matters of government as of commerce, 
and also their possessions, and the additions or con- 
quests that their confederation may obtain during the 



1778.] FOREIGN AFFAIRS. 87 

war, from any of the dominions now or heretofore pos- 
sessed by Great Britain in North America, conformably 
to the fifth and sixth articles above written, the whole 
as their possession shall be affixed and assured to 
the said states at the moment of the cessation of their 
present war with England. 

ARTICLE XII. 

In order to fix more precisely the sense and appli- 
cation of the preceding article, the contracting parties 
declare, that in case of a rupture between France and 
England, the reciprocal guarantee declared in the said 
article shall have its full force and effect the moment 
such war shall break out ; and if such rupture shall 
not take place, the mutual obligations of the said gua- 
rantee shall not commence until the moment of the 
cessation of the present war between the United 
States and England shall have ascertained their pos- 
sessions. 

ARTICLE XIII. 

The present treaty shall be ratified on both sides ; 
and the ratification shall be exchanged in the space of 
six months or sooner if possible. 

In faith whereof the respective plenipotentiaries, to 
wit, on the part of the most christian king, Conrad 
Alexander Gerard, royal syndic of the city of Stras- 
burg, and secretary of his majesty's council of state ; 
and on the part of the United States, Benjamin Frank- 



S8 SECRET JOURNAL. [May 4, 

lin, deputy of the general Congress from the state of 
Pennsylvania and president of the convention of the 
said state, Silas Deane, heretofore deputy from the 
state of Connecticut, and Arthur Lee, counsellor at 
law, have signed the above articles, both in the French 
and English languages ; declaring, nevertheless, that 
the present treaty was originally composed and con- 
cluded in the French language ; and they have here- 
unto affixed their seals. 

Done at Paris, this 6th day of February, one thou- 
sand seven hundred and seventy-eight. 

C. A. GERARD, [l. s.] B. FRANKLIN, [l. s.] 

SILAS DEANE, [l. s.] 
ARTHUR LEE. [l. s.] 

ACT SEPARATE AND SECRET. 

The most christian king declares, in consequence of 
the intimate union which subsists between him and the 
king of Spain, that, in concluding with the United 
States of America this treaty of amity and commerce, 
and that of eventual and defensive alliance, his majes- 
ty hath intended, and intends to reserve expressly, as 
he reserves by this present, separate and secret act to 
his said catholick majesty, the power of acceding to the 
said treaties, and to participate in their stipulations, at 
such time as he shall judge proper. It being well un- 
derstood, nevertheless, that if any of the stipulations 
of the said treaties are not agreeable to the king of 
Spain, his catholick majesty may propose other condi- 
tions analagous to the principal aim of the alliance, 



1778.] FOREIGN AFFAIRS. 99. 

and conformable to the rules of equality, reciprocity 
and friendship. The deputies of the United States in 
the name of their constituents accept the present de- 
claration in its full extent ; and the deputy of the said 
states, who is fully empowered to treat with Spain, 
promises to sign, on the first requisition of his catholick 
majesty, the act or acts necessary to communicate to 
him the stipulations of the treaties above written. 
And the said deputy shall endeavour, in good faith, 
the adjustment of the points in which the king of Spain 
may propose any alteration conformable to the princi- 
ples of equality, reciprocity and perfect amity; he 
the said deputy not doubting but that the person or 
persons, empowered by his catholick majesty to treat 
with the United States, will do the same with regard 
to any alterations of the same kind that may be thought 
necessary by the said plenipotentiary of the United 
States. 

In faith wticreof, the respective plenipotentiaries 
have signed the present separate and secret arti- 
cle, and affixed to the same their seals. 

Done at Paris, this sixth day of February, one thou- 
sand seven hundred and seventy eight. 

C. A. GERARD, [l. s.J B. FRANKLIN, [l. s.j 

SILAS DEANE, [l. s.] 



ARTHUR LEE, 



Depute pleiii 

France et le'Espagne 



I LEE,) . . 

ijio. pour la r L'j'O'J 
e'Espagne. 1 



VOL. II. 12 



90 SECRET JOURNAL. fMay 28, 



MAY 28, 1778. 

The committee of foreign affairs reported a draft of 
instructions, and a new form of commission to the 
commissioners of the United States at the courts of 
Vienna, Berlin and Tuscany, which were read. 

Resolved, That the form of the commission be ap- 
proved, and that copies thereof be engrossed in order 
10 be duly executed and sent forward. 

Ordered, That the instructions lie on the table for 
the consideration of the members. 

The form of the commission is as follows : 

The delegates of the United States of New Hamp- 
shire, Massachusetts Bay, Rhode Island, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North Carolina, South Carolina 
and Georgia, in Congress assembled — To all who 
shall see these presents, Greeting. 

Whereas a friendly commercial connexion between 
the subjects of and the people of 

these United Stales will be beneficial to both nations : — 
Know ye, therefore, that we, reposing special trust 
and confidence in the zeal, fidelity, abilities and assi- 
duity of have appointed and deput- 
ed, and by these presents do appoint and depute the 
said our commissioner ; giving and 
granting to our said commissioner full power and au- 
thority to communicate, treat and conclude with 



1778.] FOREIGN AFFAIRS. 9\ 

or with such person or persons as shall be 
by him for such purpose authorized, of and upon a 
true and sincere friendship, and a firm, inviolable and 
universal peace, for the defence, protection and safety 
of the navigation and mutual commerce of the subjects 
of and the people of these United 

States; and to do, not only all such things as may 
conduce to these desirable ends, but also to transact all 
such other matters, as shall hereafter be given to him 
in charge by us ; promising, in good faith, to ratify 
whatever our said commissioner shall transact in the 
premises. 

Done in Congress, at Yorktovvn, the 28th day of 
• May, in the year of our Lord, 1778. In testimo- 
ny whereof, the President, by order of the said 
Congress, hath hereunto subscribed his name, and 
affixed his seal. 

President. 

Attest. 

C. T. Secretary. 

JULY 14, 1778. 

Resolved, That it be referred to a committee of 
three, to report to Congress on the time and manner 
of the publick reception of Mr. Gerard, minister ple- 
nipotentiary of his most christian majesty the king of 
France. 

The members chosen — Mr. R. H. Lee. Mr. S. 
Adams, Mr. G. Morris. 



92 SECRET JOURNAL. [July 18, 



JULY 16, 1773. 

The sieur Gerard, minister plenipotentiary from his 
most christian majesty, having transmitted to Congress 
a copy of the speech he intends to deliver at his pub- 
lick audience — 

Ordered, That it be referred to a committee of 
three. 

The members chosen — Mr. R. H. Lee, Mr. G. 
Morris, and Mr. Witherspoon. 

The committee appointed to report on the time and 
manner of the publick reception of Mr. Gerard, minis- 
ter plenipotentiary of his most christian majesty the 
king of France, brought in a report, which was taken 
into consideration ; and after some time spent thereon. 

Ordered, That the farther consideration thereof be 
postponed till to-morrow. 

JULY 17, 1778. 

Congress resumed the Qonsideration of the report 
relative to the reception ofthe sieur Gerard, minister 
plenipotentiary of his most christian majesty the king 
of France; and after some time spent thereon, 

Ordered, That the further consideration thereof be 
postponed till to-morrow. 

JULY 18, 1778. 

Congress resumed the consideration of the report of 
the committee appointed to report on the time and man- 
lier of the publick reception of the sieur Gerard, mi- 



1778.] 



FOREIGN AFFAIRS. 



93 



nistcr plenipotentiary, &;c. and the same having been 
debated by paragraphs, and a question put on each, a 
motion was made to reconsider. And the yeas and 
nays being required by Mr. Dana — 



New Hampshire, Mr. Barllet, 



Massachusetts, 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 
Pennsylvania, 
Maryland, 

Virginia, 

North Carolina, 
South Carolina, 



Mr. S. Adams, 
Mr. Gerry, 
Mr. Dana," 
Mr. Lovell, 

Mr, Marchant, 

Mr. Sherman, 
Mr. Hosmcr, 
Mr. A. Adams, 

Mr. G. Morris, 

Mr. Elmer, 

Mr. Reed, 

Mr. Chase, 
Mr. Forbes, 

Mr. R. H. Lee, 
Mr. Banister, 



)>Ay. 
>Ay. 

J 



Av. 



No. 



MT- A I AT /"Divided. 

r. r. Adams, No. [ 

Mr. Harvie, ^Y'j 



Mr. Penn, 



)>Ay. 



The President having desired, on 
this occasion to be excused from 
giving his vote, was, by unan' 
mous consent, excused. 




94 SECRET JOURNAL. [July 20, 

South Carolina, Mr. Drayton, 
Mr. Mathews, 
Mr. Heyward, 

Georgia, Mr. Telfair, 

So it was resolved in the affirmative. 



JULY 20, 1778. 

Congress again resumed the consideration of the re- 
port of the committee appointed to report on the time 
and manner of the publick reception of the sieur Ge- 
rard, minister plenipotentiary of his most christian ma- 
jesty, &c. : Whereupon, 

Resolved, That so much of the said report as re- 
lates to the ceremonial respecting ambassadors and 
residents be postponed. 

Resolved, That the ceremonial for a minister pleni- 
potentiary or envoy shall be as follows : 

When a minister plenipotentiary or envoy shall ar- 
rive within any of the United States, he shall receive, 
at all places where there are guards, sentries and the 
like, such military honours as are paid to a general of- 
ficer of the second rank in the armies of the United 
States. 

When he shall arrive at the place in which Con- 
gress shall be, he shall wait upon the President, and 
deliver his credentials, or a copy thereof. Two mem- 
bers of Congress shall then be deputed to wait upon 
him, and inform him when and where he shall receive 
audience of the Congress. 



. 



1778.] FOREIGN AFFAIRS. «^ 

At the time he is to receive his audience, the two 
mcDjbers shall again wait upon him in a coach be- 
longing to the states ; and the person first named of the 
two shall return with the minister plenipotentiary or 
envoy in the coach, giving the minister the right hand, 
and placing himself on his left, with the other member 
on the front seat. 

When the minister plenipotentiary or envoy is ar- 
rived at the door of the Congress hall, he shall be in- 
troduced to his chair by the two members, who shall 
stand at his left hand. Then the member first named 
shall present and announce him to the President and 
the house ; whereupon he shall bow to the President 
and the Congress, and they to him. He and the Pre- 
sident shall then again bow unto each other, and be 
seated ; after which the house shall sit down. 

Having spoken and been answered, the minister and 
President shall bow to each other, at which time the 
house shall bow, and then he shall be conducted home 
in the manner in which he was brought to the house. 

Those who shall wait upon the minister shall inform 
him, that, if in any audience he shall choose to speak 
on matters of business, it will be necessary previously 
to deliver in writing, to the President, what he intends 
to say at the audience ; and if he shall not incline 
thereto, it will, from the constitution of Congress, be 
impracticable for him to receive an immediate answer. 

The style of address to Congress shall be, "Gen- 
" tlemen of the Congress." 

All speeches, or communications in writing, may, if 
the publick ministers choose it, be in the language of 



96 SECRET JOURNAL. [Aug. 6, 

their respective countries. And all replies, or an- 
swers, shall be in the language of the United States. 

After the audience, the members of Congress shall 
bo first visited by the minister plenipotentiary or 
envoy. 

AUGUST C, 1778. 

Some doubts arising respecting the ceremonial to be 
observed at the publick audience of the minister ple- 
nipotentiary, Congress took the same into considera- 
tion : and thereupon, 

Resolved, That, when the minister is introduced to 
his chair by the two members, he shall sit down. His 
secretary shall then deliver to the President the letter 
of his sovereign, which shall be read and translated 
by the secretary of Congress. Then the minister shall 
be announced. At which time the President, the 
house, and the minister, shall rise together. 

The minister shall then bow to the President and the 
house, and they to him. 

The minister and the President shall then bow to 
each other, and be seated ; after which the house shall 
sit down. 

The minister shall deliver his speech standing. 
The President and the house shall sit while the minis- 
ter is delivering his speech. The house shall rise, 
and the President shall deliver the answer standing. 
The minister shall stand while the President delivers 
the answer. 

Having spoken, and being answered, the minister 
and President shall bow to each other, at which time 



III 



1778.] FOREIGN AFFAIRS. S7 

the house shall bow, aud then the minister shall be 
conducted home in the manner in which he was brought 
to the house. 



SEPTEMBER 22, 1778. 

A motion was made, that the form of the oath* be, 
" You swear that you will true answers make to all 
" such questions as shall be propounded to you by this 
" house, so help you God." 

To this an amendment was moved, that the form of 
the oath be, " You swear that the evidence you shall 
" give to this house, concerning the matters now in 
" question, shall bt the truth, the whole truth, and 
" nothing but the truth. So help you God." 

Another amendment was moved, '' You shall declare 
" what you know of the conduct of the honourable Si- 
" las Deane, esquire, late commissioner at the court of 
" Versailles, touching the application ,of the publick 
*' moneys of these United States, and other matters re- 
" lating to his publick character ; and also what you 
" know of certain dissentions detrimental to the pub- 
'' lick service, said to exist among the American com- 
" missioners in Europe ; and of the conduct of the said 
*' commissioners. You shall tell the truth, the whole 
" truth, and nothing but the truth. So help you God." 

On the question to agree to the last amendment, the 
yeas and nays being required by Mr. Chase — 

New Hampshire, Mr. Bartlet, ^Av. 

* On examination of William Carmichael concerning the conduct of 
Silas Deane, &c. See the publick journal of this day. 
VOL, II. 13 



9& 



SECRET JOURNAL. 



[Sept 22, 



Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Holten, 

Mr. Marchant, 

Mr. A. Adams, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North Carolina, 
South Carolina, 



Ay.) 

Ay. > Ay, 
Ay. 5 



>No. 
>No. 



Mr. Lewis, 
Mr. Duer, 
Mr. G. Morris, 



Ay.) 

No.V Ay. 
Ay.S 



Mr. Witherspoon, )>No. 



Mr. R. Morris, 
Mr. Roberdeau, 
Mr. J. Smith, 
Mr. Clingan, 

Mr. Chase, 
Mr. Plater, 
Mr. Forbes, 
Mr. Henry, 

Mr. Harvie, 
Mr. Banister, 
Mr. R. H. Lee, 
Mr. Griffin, 

Mr. Penn, 
Mr. H.irnet, 
Mr. Williams, 

Mr. Laurens, 
Mr. Drayton, 
Mr. Mathews, 



No.^ 

No. I vr 

No. r °- 
No.J 



''' Uo. 



No. 
N 

No. , 
No.J 



Georgia, 

So it passed in the negative. 



Mr. Walton, 
Mr. Telfair, 
Mr. Langworthy, 



No. 
No 

Ay. 1 
No.J 

No. 
No.' 
No. I 

No. 
No. 

No.; 

No. 
No. 
No.' 



• >No. 



No. 



No. 



1778.] 



FOREIGN AFFAIRS. 



«» 



On the question to agree to the first amendment, the 
yeas and nays being required by Mr. A. Adams — 

New Hampshire, Mr. Bartlct, Ay. )> 



Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Hollen, 

Mr. Marchant, 

Mr. A. Adams, 

Mr. Lewis, 
Mr. Duer, 
Mr. G. Morris, 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 

Maryland, 

Virginia, 

iTorth Carolina, 
South Carolina, 




DiviDErr. 



Mr. Witherspoon, ^Ay. 

Mr. R. Morris, No.^ 
Mr. Roberdeau, Ay. ( p. 

Hi T T -.u M >iJlVIDED. 

Mr. Jas. Jmith, No. [ 
Mr. Clingan, Ay.J 



Mr. Chase, 
Mr. Plater, 
Mr. Forbes, 
Mr. Henry, 

Mr. Harvie, 
Mr. Banister, 
Mr. R. H. Lee, 
Mr. Griffin, 

Mr. Penn, 
Mr. Harnet, 
Mr. Williams, 

Mr. Laurens, 
Mr. Drayton, 
Mr. Mathews, 




No.) 
No.V No. 
No.^ 

Ay.) 

No. } No, 

No.S 



100 

Georgia, 



SECRET JOURNAL. 



[Sept. 22, 



Mr. Walton, No.) 

Mr. Telfair, No. V No. 

Mr. Langworthy, No. ^ 



So it passed in the negative. 

On putting the main question, the yeas and nays be- 
ing required by Mr. G. Morris — 



New Hampshire, Mr. Bartlet, 

Massachusetts Bay, Mr. Gerry, 

Mr. S. Adams, 
Mr. Lovell, 
Mr. Holten, 



)>No. 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 

Maryland, 

Virginia, 



Mr. Marchant, 

Mr. A. Adams, 

Mr. Lewis, 
Mr. Duer, 
Mr. G. Morris, 



Mr. Witherspoon, , )>No. 

Mr. R. Morris, Ay.^ 
Mr. Roberdeau, No. I ^ 
Mr. James Smith, Ay. | 
Mr. Clingan, -Ay. J 




Mr. Chase, 
Mr. Plater, 
Mr. Forbes, 
Mr. Henry, 

Mr. Harvie, 
Mr. Banister, 
Mr. R. H. Lee, 
Mr. Griffin, 



Ay.^ 



Ay. 

Ay. 



)>Ay. 



Ay.J 

^y- Iav 

No. f^""- 
Ay.J 



1778.] FOREIGN AFFAIRS. 101 

North Carolina, Mr. Penn, -Ay. ^ 

Mr. Hiirnrt, Ay. S Ay. 

Mr. Williams.. Ay;) 

South Carolina, Mr. LauTns, No.ji 

Mr. Mo thews, ■ JNo. V No. 
Mr. Drayton, No.) 

Georgia, Mr. Walton, Ay. ^ 

Mr. Telfair, No. V No. 

Mr. Langworthy, No.) 

So it was resolved in the affirmative. 



OCTOBER 6, 1778. 

A motion was made. 

That the honourable Benjamin Franklin, Arthur 
Lee, and John Adams, esquires, or any of them, be 
directed forthwith to apply to Dr. Price, and inform 
him, that it is the desire of Congress to consider him a 
citizen of the United States; and to receive his assis- 
tjance in regulating their finances. That if he shall 
^ink it expedient to remove, with his family, to Ame- 
rica, and afford such assistance, a generous provision 
shall be made for requiting his services. 

On the question, the yeas and nays being required 
by Mr. Laurens — 

New Hampshire, Mr. Bartlet, ^►Ay. 

Massachusetts Bay, Mr. S. Adams. Ay."^ 

Mr Gerrv, Av. l t-» 

MT 'ii at' >Divided. 

r. Lovell, No. [ 

Mr. Holten, No. j 



102 

Rhode Island, 
Connecticut, . 
New Ypi'l?,. • . 
New Jersey, 
Pennsylvania, 

Maryland, 
Virginia. 

North Carolina. 
South Carolina, 
Georgia, 



SECRET JOURNAL. 

Mr. Marchant, 

Mr. Sherman, 

Mr. Lewis, 

Mr. Elmer, 

Mr. Roberdeau, Ay. 

Mr. Clingan, Ay. 

Mr. Chase, Ay. 

Mr. Stone, Ay. 

Mr. Henry, No. 

Mr. Harvie, Ay. 

Mr. R. H. Lee, Ay. 

Mr. M. Smith, Ay. 

Mr. Griffin, Ay. 

Mr. Harnet, Ay. 

Mr. Williamson, No. 



[Oct, 15, 

>Ay. 
)>No. 
)>No.x 

I Ay. 
Av. 



>Ay. 



Mr. Laurens, 
Mr. Mathews, 



No. 
Ay. 



Mr. Walton, No. 

Mr. Telfair, Ay. 

Mr. Langworthy, No. 



Divided. 
Divided. 

No. 



So it was resolved in the affirmative. 



OCTOBER 15, 1778. 

Mr. Laurens, the President, addressed Congress as 
follows : 

" GENTLEMEN, 

" 1 informed you yesterday that I had received a 
" letter from Mr, Jzard. I have since perused it, and 



1778.] FOREIGN AFFAIRS. IflS 

" find in it traits reflecting highly on Dr. Franklin, in 
♦' his publick character. I have obtjcrved, in this, the 
" rule which guided me in the late case of Mr. Izard's 
" letters. I have communicated the contents of the 
" letter and papers accompanying it to nobody. I 
" have consulted nobody. I act according to my own 
"judgment, unbiassed and impartial. Mr. Izard's 
" wish that these papers may be communicated to 
" Congress, appears to me to preclude option on my 
" part; I therefore oflier the letter and papers. If the 
•' house is pleased to receive and have them read, I 
" will deliver them to the Secretary for that purpose. 
" I have delayed offering these papers earlier, in 
" hopes of seeing a full house, and had directed the 
" absent members to be summoned. I have not read 
" any of the papers, the letter excepted." 

Ordered, That the letter from Mr. Izard, and the 
papers accompanying it, be received and read. 

OCTOBER 21, 1778. 

The committee, appointed to prepare a letter of 
credence, notifying to his most christian majesty the 
appointment of Benjamin Franklin, esquire, to be the 
minister plenipotentiary of these states at the court of 
France, and also the draft of instructions to the said 
minister, brought in a draft of a letter, which wa^ 
agreed to. 



104 SECRET JOURNAL. [Oct. 21, 

To our great, faithful, and beloved friend and ally, 
Lewis the sixteenth, king of France and Navarre. 

GREAT, FAITHFUL, AND BELOVED FRIEND AND ALLY, 

The principles of equality and reciprocity on which 
you have entered into treaties with us, give you an ad- 
ditional security for that good faith with which we 
shall observe them, from motives of honour and affec- 
tion to your majesty. 

The distinguished part you have taken in support of 
the liberties and independence of these states cannot 
but inspire them with the most ardent wishes for the 
interest and glory of France. 

We have nominated Benjamin Franklin, esquire, to 
reside at your court, in quality of our minister plenipo- 
tentiary, that he may give you more particular as- 
surances of the grateful sentiments which you have 
excited in us, and in each of the United States. We 
beseech you to give entire credit to every thing which 
he shall deliver on our part, more especially when he 
shall assure you of the permanency of our friendship. 
And we pray God, that he will keep your majesty, our 
great, faithful, and beloved friend and ally, in his most 
holy protection. 

Done at Philadelphia, the day of October, 

1778. By the Congress of North America, your 
good friends and allies. 

(Signed) H. L. President. 

Attest. 

C. T. Secretary. 



1778.] 



FOREIGN AFFAIRS. 



105 



The same committee also brought in a draft of in- 
struction.s, which were taken into consideration. 

A motion being made to strike out the word " pro- 
" taction," and instead thereof to insert " further as- 
" sistance ;" and the yeas and nays being ref|nircd by 
Mr. Gerry — 



f 



New Hampshire, 
Massachusetts, 

Rhode Island, 
Connecticut, 

New York, 

New Jersey, 

Pennsylvania, 

Maryland, 
Virginia, 



- North Carolina, 



VOL. 11. 



Mr. Bartlet, 

Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Mr. Marchant, 

Mr. Sherman, 
Mr. Ellsworth, 

Mr. Ducr, 
Mr. Morris, 



>Ay. 



No. 
Ay. 
No. , 
Ay.J 



Divided. 



;>Ar. 
j^^' i Divided. 



No. 

No. 



No. 



Mr. Witherspoon, No. ) ^^ 
Mr. Scudder, No. 3 ^^°' 

Mr. Roberdeau, No. ) *j- 
Mr. Ciingan, No. 5 ^^°' 



Mr. Henry, 



)«Ay. X 



Mr. R. H. Lee, No. ) 

Mr. M.Smith, No.VNo. 
Mr. Griffin, No.) 



Mr. Penn, 
Mr. Harnet, 
Mr. Williams, 



No.) 
No. )> No. 



No.^ 



14 



1«6 


SECRET JOURNAL. 


[( 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 
Mr. Hutson, 


No.) 
No. } No. 
No.S 


Georgia, 


Mr. Walton, 
Mr. Telfair, 


No.) 
Ay.V No. 



[Oct. 2J, 



Mr. Langworthy, No. 3 

So it passed in the negative. 

A motion was then made to expunge the whole 
clause, to wit, " You are farther to assure him, that 
•• they consider this speedy aid not only as a testimo- 
" ny of his majesty's fidelity to the engagements he 
" has entered into, but as an earnest of that protection 
" which they hope from his power and magnanimity, 
" and as a bond of gratitude to the union founded on 
" mutual interest." 

And on the question to agree to that clause, the 
yeas and nays being required by Mr. Marchant — 



New Hampshire, Mr. Bartlet, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



)>Ay. 



Ay. 
No 



Ay. 
No. J 



■\. 



IVIDED. 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 



Mr. Marchant, 

Mr. Sherman, 
Mr. Ellsworth, 

Mr. Duer, 
Mr. G. Morris, 



No. 

Ay 



)>No. 



IVIDED* 



%:]'- 



Mr. Witherspoon, Ay. ) . 
Mr. Scudder, Ay. ) 



1778,J FOREIGN AFFAIRa. 10"^ 

Pennsylvania, Mr. Roberdeau, Ay. ) ^^ 

Mr. Clingan, Ay. 3 

Maryland, Mr. Henry, )>No.x 

Virginia, Mr. R. H. Lee, 

Mr. M. Smith, 
Mr. Griffin, 

North Carolina, Mr. Penn, 
Mr. Harnet, 
Mr. Williams, 

South Carolina, Mr. Laurens, 
Mr. Drayton, 
Mr. Mathews, 

Georgia, Mr. Walton, 

Mr. Telfair, 
Mr. Langworthy, Ay. 

So it was resolved in the affirmative. 



OCTOBER 22, 1778. 

Congress resumed the consideration of the instruc- 
tions to the minister plenipotentiary at the court of 
Versailles, which, being amended, v;ere agreed to as 
follows : 

To the Honourable Benjamin Franklin, Esquire, Mi- 
nister Plenipotentiary of the United States of North 
America to the Court of France. 
I We, the Congress of the United States of North Ame- 
rica, having thought it proper to appoint you their 
minister plenipotentiary to the court of his most chris- 
tian majesty, you shall in all things, according to the 




108 SECRET JOURNAL. [Oct. 2« 

best of your knowledge and abilities, promote the in- 
terest and honour of the said states at that court, with 
a particular attention to the following instructions: 

1. You are immediately to assure his most christian 
majesty, that those states entertain the highest sense 
of his exertions in their favour, particularly by sending 
the respectable squadron under the count d'Estaing, 
which would probably have terminated the war in a 
speedy and honourable manner, if unforeseen and un- 
fortunate circumstances had not intervened. 

You are further to assure him that they consider this 
speedy aid, not only as a testimony of his majesty's 
fidelity to the engagements he hath entered into, but 
as an earnest of that protection which they hope from 
his power and magnanimity, and as a bond of grati- 
tude to the union, founded on mutual interest. 

2. You shall, by the earliest opportunity, and on 
every necessary occasion, assure the king and his 
ministers, that neither the Congress nor any of the 
stales they represent, have at all swerved from their 
determination to be independent in July 1776. But 
as the declaration was made in face of the most pow- 
erful fleet and army which could have been expected 
to operate against them, and without any the slightest 
assurance of foreign aid, so, although in a defenceless 
situation, and harassed by the secret machinations and 
designs of intestine foes, they have, under the exer- 
tions of that force, during those bloody campaigns, 
persevered in their determitiation to be free. And 
that they have been inflexible in this determination, 
notwithstanding the interruption of their commerce, 
the great suflerings they have experienced from the 



1778.] FOREIGN AFFAIRS. 10» 

want of those things which it procured, and the unex- 
ampled barbarity of their enemies. 

3. You arc to give the most pointed and positive 
assurances, that although the Congress are earnestly 
desirous of peace, as well to arrange their finances 
and recruit the exhausted state of their country, as to 
spare the further effusion of blood, yet they will faith- 
fully perform their engagements, and afford every as- 
sistance in their power to prosecute the war for the 
great purposes of the alliance. 

4. You shall endeavour to obtain the king's consent 
to cxpuDge from the treaty of commerce the eleventh 
and twelfth articles, as inconsistent with that equality 
and reciprocity which form the best security to perpe- 
tuate the whole. 

5. You are to exert yourself to procure the consent 
of the court of France, that all American seamen, who 
may be taken on board of British vessels, may, if they 
choose, be permitted to enter on board American ves- 
sels. In return for which, you are auihorizeil to sti- 
pulate, that all Frenchmen who may be taken on 
board of British vessels, by vessels belonging to the 
United States, shall be delivered up to persons ap- 
pointed lor that purpose by his most christian majesty. 

G. You are to suggest to the ministers of his most 
christian majesty, the advantage that would result 
from entering on board the ships of these states, Bri- 
tish seamen who may be made prisoners, thereby im- 
pairing the force of the enemy, and strengthening the 
hands of his ally. 

7. You are also to suggest the fatal consequences 
which would follow the commerce of the common ene- 



no SECRET JOURNAL. [Oct 92, 

my, if, by confining the war to the European and Asia- 
tic seas, the coasts of America could be so far freed 
from the British fleets as to furnish a safe asylum to 
the frigates and privateers of the allied nations and 
their prizes. 

8. You shall constantly inculcate the certainty of 
ruining the British fisheries on the banks of Newfound- 
land, and consequently the British marine, by reduc- 
ing Halifax and Quebec; since, by that means they 
would be exposed to alarm and plunder, and deprived 
of the necessary supplies formerly drawn from Ame- 
rica. The plan proposed to Congress for compassing 
these objects are herewith transmitted for your more 
particular instruction. 

9. You are to lay before the court the deranged 
state of our finances, together with the causes thereof; 
and show the necessity of placing them on a more re- 
spectable footing, in order to prosecute the war with 
vigour on the part of America. Observations on that 
subject are herewith transmitted ; and more particular 
instructions shall be sent whenever the necessary steps 
previous thereto shall have been taken. 

10. You are, by every means in your power, to pro- 
mote a perfect harmony, concord, and good under- 
standing, not only between the allied powers, but also 
between and among their subjects, that the connexion 
so favourably begun may be perpetuated. 

11. You shall in all things take care not to make 
any engagements, or stipulations, on the part of Ame- 
rica, without the consent of America previously ob- 
tained. 



f 



1778.] FOREIGN AFFAIRS. 11} 

We pray God to further you with his goodness in 
the several objects hereby recommended ; and that he 
will have you in his holy keeping. 

Done at Philadelphia, the 2Gth day of October, 1778. 
By the Congress. 

H. LAURENS, President. 
Attest. 

Charles Thomson, Secretary. 

Plan for reducing the Province of Canada, referred to 
in the Instructions of Honourable B. Franklin, 
Minister to the Court of France. 

PLAN OF ATTACK. 

That a number of men be assembled at fort Pitt, 
from Virginia and Pennsylvania, amounting to one 
thousand five hundred rank and file ; for which pur- 
pose three thousand should be called for ; and if 
more than one thousand five hundred appear, the 
least effective be dismissed. To these should be 
added one hundred light cavalry, one half armed with 
lances. The whole should be ready to march by the 
first day of June ; and for that purpose they should be 
called together for the 1st May, so as to be in readi- 
ness by the 15th. The real and declared object ol 
this corps should be to attack Detroit, and to destroy 
the towns, on the route thither, of those Indians who 
are inimical to the United States. 

2. That five hundred men bo stationed at or near 



112 SECRET JOURNAL. [Oct. 22, 

Wyoming this winter, to cover the frontiers of Penn- 
sylvania and New Jersey ; to be reinforced by one 
thousand men from tliose states early in the spring. 
For this purpose, two thousand men should be called 
for to appear on the first of May, so as to be in readi- 
ness by the 15th. They must march on the first of 
June, at farthest, for Oneoquago ; to proceed from 
thence against Niagara. This is also to be declared. 

3. That in addition to the garrison of fort Schuyler 
or Stanwix, one thousand five hundred men be station- 
ed this winter along the Mohawk river; and prepara- 
tions of every kind made to build vessels of force on 
lake Ontario early next spring ; and to take post at or 
near Oswego. A reinforcement of two thousand five 
hundred men, from the militia of New York and the 
western parts of Connecticut and Massachusetts Bay, 
must be added to these early in the spring ; for which 
purpose a demand must be made of five thousand. A 
party, consisting of five hundred regular troops and 
one thousand militia, must march from Schenectady ; 
so as to meet those destined to act against Niagara at 
Oneoquaga. They should be joined by about one 
hundred light dragoons, armed as aforesaid, together 
with all the warriours which can be collected from the 
friendly tribes. In their march to Niagara, they 
should destroy the Senecas and other towns of In- 
dians which are inimical. 

4. That two thousand five hundred men be marched 
from fort Schuyler, as early as possible after the mid- 
dle of May, to Oswego, and take a post there, or in 
the neighbourhood ; to be defended by about five hun- 
dred men. That they also be employed in forwarding 



1778.] FOREIGN AFFAIRS. IIS 

the vessels to be built for securing the navigation of 
lake Ontario, and in making excursions towards Nia- 
gara; so as to keep the Indian country in alarm, and 
facilitate the operations in that quarter. 
■ 5. That a number of regiments be cantoned along 
the upper parts of Connecticut river, to be recruited in 
the winter ; so as to form a body of five thousand re- 
gular troops, rank and file ; and every preparation 
made to penetrate into Canada by the way of the river 
St. Francis. The time of their departure must depend 
upon circumstances ; and their object kept as secret 
as the nature of the thing will permit. When they 
arrive at the St. Francis, they must take a good post 
at the mouth of St. Francis, and turn their attention 
immediately to the reduction of Montreal and St. 
John's, and the north end of lake Champlain. These 
operations will be facilitated by the several movements 
to the westward, drawing the attention of the enemy 
to that quarter. If successful, so as to secure a pas- 
sage across the lake, further reinforcements may be 
thrown in, and an additional retreat secured that way. 
The next operation will be in concert with the troops 
who are to gain the navigation of lake Ontario, &:c. 
This operation, however, must be feeble, so long as 
the necessity exists of securing their rear towards 
Quebec. Such detachment, however, as can be spar- 
ed, perhaps two thousand, with as many Canadians as 
will join them, are to proceed up Cadaraqui, and take a 
post, defensible by about three hundred men, at or near 
the mouth of lake Ontario. They will then join them- 
selves to those posted, as aforesaid, at or near Oswe- 
go ; and, leaving a garrison at that post, proceed ».o- 

VOL. II, 15 



114 SECRET JOURNAL. [Oct. 22", 

gether to the party at or near Niagara, at which |)lace 
thny ought, if possible, to ar'rive by the middle of 
Seplember. 'i'he troops who have marched against 
Detroit should also, whether suiressful or not, return 
to Niagara, if that post is possessed or besiegecj by 
the Americans ; as a safe retreat can by that means 
be accomplished for the whole, in case of accident. 

On the supposition that these operations should suc- 
ceed, still another campaign must be made to reduce 
the city Qaebec. The American troops must con- 
tinue all winter in Canada. To supply them with pro- 
visions, clothing, &c. will be diffiiult, if not impracti- 
cable. The expense will be ruinous. The enemy 
will have time to reinforce. Nothing can be attempt- 
ed against Halifax. Considering these circumstances, 
it is perhaps more prudent to make incursions with 
cavalry, and light infantry, and chasseurs, to harass 
and alarm the enemy ; and thereby prevent them from 
desolating our frontiers, which seems to be their ob- 
ject during the next campaign. 

But if the reduction of Halifax and Quebec are ob- 
jects of the highest importance to the allies, they must 
be attempted. 

The importance to France is derived from the fol- 
lowing considerations : 

1. The fishery of Newfoundland is justly considered 
as the basis of a good marine. 

2. The possession of those two places necessarily 
secures to the party, and their friends, the island and 
iish cries. 

3. It will strengthen her allies; and guarantee more 
strongly their freedom and independence. 



1773.] FOREIGN AFFAIRS. 115- 

4. It will have an influence in extending the com- 
merce of France, and restoritig; her to a share of the 
fur trade, now monopolized by Groat Britain. 

The importance to America results from the follow- 
ing ronsider^itions : 

1. The peace of their frontiers. 

2.- The arrangement of their finances. 

3. The acces-ion of two states to the union. 

4. The protection and security of their commerce. 

5. That it will enable them to bend their whole at- 
tention and resources to the creation of a marine, which 
will at once serve them and assist their allies. 

6. That it will secure the fisheries to the United 
States, and France their ally, to the total exclusion of 
Great Britain. 

Add to these considerations : 

1. That Great Britain, by holding these places, will 
infest the coast of America with small armed vessels to 
the great injury of the French as well as the American 
trade. 

2. That her possessions in (he West Indies mate- 
rially depend on the possession of posts to supply 
them with bread and lumber, and to refit their ships, 
and receive their sick, as well soldiers as seamen. 

In oi-der then to secure, as far as human wisdom can 
provide, the reduction of those places, aid must be ob- 
tained from France. 

Suppose a body of four or five thousand French 
troops sail from Brest, in the beginning of May, under 
convoy of four ships of the line and four frigates. 
Their object to be avowed ; but their clothing, stores, 
«S:c., such as designate ihcm for the "West Indies. 



116 SECRET JOURNAL. [Oct. 2f, 

Each soldier must have a good blanket, of a large 
size, to be made into a coat when the weather grows 
cool. Thick clothing for these troops should be sent 
in August, so as to arrive at such place as circum- 
stances by that time may indicate, by the beginning of 
October. These troops, by the end of June or begin- 
ning of July, might arrive at Quebec, which, for the 
reasons already assigned, they would in all probabili- 
ty find quite defenceless. Possessing themselves of 
that city, and leaving there the line of battle ships, 
the marines and a very small garrison, with as many 
of the Canadians as can readily be assembled (for 
which purpose spare arms should be provided, which 
might be put up in boxes, and marked as for the mi- 
litia of one of the French islands,) the frigates and 
transports should proceed up the river St. Lawrence, 
and a debarkation take place at the mouth of the river 
St. Francis. If the Americans are already at that 
place, the troops will co-operate for the purposes 
abovementioned : If not, a post must be taken there, 
and expresses sent, &c. In the interim, three of the 
frigates, with four of the smallest transports, should 
proceed to Montreal, and if possible possess that 
city ; when the nobles and clergy should be imme- 
diately called together by the general, who should, if 
possible, be well acquainted with the manners both of 
France and of the United States. 

The troops should bring with them very ample pro- 
visions, especially of salted flesh, as they will come to 
a country exhausted by the British army. By the 
latter end of July, ch* middle of August, the reduction 
of Canada might be so far completed, that the ships 



1778.] FOREIGN AFFAIRS. in 

might proceed to the investiture of Halifax, taking on 
board large supplies of flour. A part of the troopg 
might march, and be followed by the sick, as they re- 
cover. A considerable body of American troops 
might then be spared for that service, which, with the 
militia of the states of Massachusetts Bay and Ne«v 
Hampshire, might proceed to the attack of Halifax, so 
as to arrive at the beginning of September ; and if 
that place should fall by the beginning or middle of 
October, the troops might either proceed against New- 
foundland, or remain in garrison until the spring; at 
which time that conquest might be completed. If 
Halifax should not be taken, then the squadron and 
troops would still be in time to co-operate against the 
West Indies. 

To the Honourable Benjamin Franklin, Esquire. 

SIR, 

The above plan, referred to in your instructions, 
you shall lay substantially before the French minister. 
You shall consult the marquis de la Fayette on any 
difficulties which may arise; and refer the ministry to 
him, as he hath made it his particular study to gaiQ 
information on these important points. 

By order of Congress. 

H. L. President. 
Attest. 

C. T. Sec'y. 



llg SECRET JOURNAL. [Oct. 22, 

Observations on the Finances of America. 

At tho coaimencemcnt of the war, ii \va? obvious 
that the pf-nnanent revenues nnrl resources of Great 
Britain must eventually overbalance the sudden and 
impetuous sallies of men contending for freedom on 
the spur of the occasion, without regular discipline, 
determinate plans, or permanent means of defence. 
America having never been much taxed, nor for a con- 
tinued length of time, being without fixed government, 
and contending against what once was the lawful au- 
thority, had no funds to support the war, notwith- 
stamling her riches and fertility. And the contest 
being upon the very question of taxation, the laying of 
imposts, unless from the last necessity, would have 
been madness. 

To borrow from individuals, without any visible 
means of repaying them, and while the loss was cer- 
tain from ill success, was visionary. 

A m.easure, therefore, which had been early adopted, 
and thence become familiar to the people, was pur- 
sued. This was the issuing of paper notes represent- 
ing specie, for the redemption of which the publick 
faith was pledged. 

As these were to circulate from hand to hand, (here 
■was no great individual risk, unless from holding them 
too long ; and no man refused to receive them for 
one commodity, while they would purchase every 
other. 

This general credit, however, did not last long. It 
menaced so deeply the views of our enemies, who had 
built their hopes upon the defect of our resources, that 



1778.] FOREIGN AFFAIRS. 119 

thev and their partisans used every cflTort to impeach 
its value. Their success in one instance of this kind 
always made room for another; because he who could 
not relieve his wants with our paper would not part 
with his property to procure it. 

To remedy this evil, the states, as soon as formed 
into any shape of legislation, enacted laws to make the 
continental paper a lawful tender, and indeed to de- 
termine its value, fixing it by penalties, at the sum of 
specie expressed on the face. These laws produced 
monopoly throughout. 

The monopoly of commodities, the interruption of 
commerce rendering them scarce, and the successes of 
the enemy, produced a depreciation. The laws de- 
vised to remedy this evil either increased, or were 
followed by an increase of it. 

This demanded more plentiful emissions, thereby 
increasing the circulating medium to such a degree as 
not only to exclude all other, but, from its superabun- 
dant quantity, again to increase the depreciation. 

The several states, instead of laying taxes to defray 
their own private expenses, followed the example of 
Congress, and also issued notes of different denomi- 
nations and forms. Hpnce to counterfeit became much 
easier, and the enemy did not neglect to avail them- 
selves of this great though base advantage. And 
hence arose a further depreciation. 

Calling the husbandman frequently to arms, who had 
indeed lost the incitements to industry from the cheap- 
ness of the necessai'ies of life in the beginning, com- 
pared with other articles which took a more i-a|iid rise, 
:sOon reduced that abundance which preceded the war. 



120 SEGJIET JOURNAL. [Oct. 22, 

This, added to the greater consumption, together with 
the ravages and subsistence of the enemy, at length 
pointed the depreciation to the means of subsistence. 

The issues from this moment became enormous, and 
consequently increased the disease from which they 
arose, and which must soon have become fatal, had 
not the successes of America, and the alliance with 
France, kept it from sinking entirely. The certainty 
of its redemption being now evident, we only suffer 
from the quantity. 

This, however, not only impairs the value simply in 
itself, but, as it calls for continued large emissions, so 
the certainty that every thing will be dearer than it is, 
renders every thing dearer than it otherwise would be ; 
and vice versa. Could we possibly absorb a part of 
the inundation which overwhelms us, every thing would 
be cheaper, from the certainty that it would become 
cheaper. 

The money can be absorbed but three ways. The 
first is by taxation, which cannot reach the evil while 
the war continues. Because the emissions must con- 
tinue to supply what is necessary over and above even 
the nominal produce of taxes. And the taxes cannot be 
very productive by reason of the possession of part, 
and the ravagement of other parts of the country by 
the enemy ; and also from the weakness of govern- 
ments yet in their infancy, and not arrived to that pow- 
er, method and firmness, which are the portion of elder 
states. 

The second method is by borrowing ; and is not ef- 
ficient ; because no interest can tempt men to lend pa- 
per now, which paid together with that interest in paper 



1778.] FOREIGN AFFAIRS. 121 

a year hence, will not probably be worth half as much 
as the principal sum is at present. And whenever the 
case shall alter, then, in proportion to the appreciation, 
will be the loss of the publick on what they borrow ; to 
say nothing of the enormous burdens for which they 
must pay interest in specie, or what is equal to it, if so 
much of what hath been emitted could be borrowed as 
to render the remainder equally valuable with silver. 

The last method is by very considerable loans or 
subsidies in Europe, and is the only mode at once 
equal to the effect desired, and free from the foregoing 
exceptions. For, if such a sum is drawn for at the 
advanced exchange, as by taking up the greater part 
of our paper to reduce the exchange to par, the paper 
then remaining will be fully appreciated, and the sum 
due will not nominally, and therefore in the event re- 
ally, exceed its real value. 

But to this mode there are objections. 1. Subsidies 
by any means equal to our necessities can hardly be 
expected while our allies, being engaged in war, Avill 
want all the money they can procure ; and, 

2. Loans cannot probably be obtained without good 
guarantee, or other security, which America may not, 
perhaps, be able to procure or give. But until our 
finances can be in a better situation, the war cannot 
possibly be prosecuted with vigour, and the efibrts 
made feeble, as (hey must be attended with an oppres- 
sive v/eight of expense, rendering still more weak the 
confederated states. 

This will appear from the foregoing observations ; 
and also from this, that the present, and in all proba- 
bility the foture, seat of the war. also, that is, the 

VOL. II. ]6 



m SECRET JOURNAL. [Oct. 22, 

middle states, are so exhausted that, unless by the 
most strenuous vohmtary exertions of all the inhabi- 
tants, no great numbers of men can possibly be sub- 
sisted. And such exertions cannot be expected with- 
out the temptation of money more valued than ours is 
at present. 

To the Honourable Benjamin Franklin, Esquire. 

SIR, 

The above observations referred to in your instruc- 
tions, you shall lay substantially before the French 
ministry, and labour for their assistance to remove the 
difficulties there stated. 

By order of Congress. 

H. L. President. 
Attest. 

C. T. Secretary. 

Ordered, That the plan reported by the committee 
for reducing the province of Canada be transmitted to 
the general ; and that he be requested to make such 
observations thereon as to him shall appear proper, 
and transmit the same to Congress 5 and deliver a copy 
thereof to the marquis de la Fayette. 

Ordered, That the members be under the injunction 
of secrecy with regard to the plan of attacking Canada, 
except what relates to the attacks of Detroit and Nia- 
gara. 

Ordered, That the marine committee prepare a fri- 
gate, with all possible expedition, for carrying des- 
patches to the minister plenipotentiary at the court of 
France, and for accommodating the marquis de la 
Fayette with a passage. 



1778.] FOREIGN AFFAIRS. 1» 

Ordered, That the resolutions of Con{i;rrss relative 
to the expedition into Canada, together with the plan 
reported by the committee, be by them communicated 
to the Sr. Gerard, minister plenipotentiary of his most 
christian majesty to these slates ; and that the said 
committee be directed to explain to Sr. Gerard the rea- 
sons which have induced Congress to adopt this mea- 
sure ; and that tlie committee do report the result of 
their conference. 

Resolved, That general Washington be directed to 
procure from Canada and Nova Scotia, as speedily as 
possible, the most exact intelligence that can be ob- 
tained respecting the number of troops in those pro- 
vinces, and their stations ; and also the number of ves- 
sels of war, their force and stations, with the number, 
state and strength of the fortifications. And that he 
transmit such intelligence, when received, to the ma- 
rine committee. 

Resolved, That the marine committee be instructed 
to transmit without delay after receiving the same the 
intelligence sent them by general Washington to the 
minister plenipotentiary at the court of Versailles by 
three successive conveyances. 

Resolved, That the committee for foreign affairs be 
directed to inform the minister plenipotentiary at the 
court of France, and the commissioners of the United 
States at the respective courts in Europe, that it is the 
desire of Congress, that harmony and good under- 
standing should be cultivated between the ministers, 
commissioners and representatives of this Congress at 
the respective courts of Europe, and that such confi- 
dence and cordiality take place among them as is ne- 



124 SECllKT JOURNAL. [Oct. 22, 

ccssnry for the honour and interest of the United 
States. 

Resolved, That the marquis de la Fayette, major 
general in the service of the United States, have leave 
to go to Franee ; and that he return at such time as 
shall be most convenient to him. 

Resolved, That the following letter of recommenda- 
tion of the marquis de la Fayette be written to the king 
of France : 

To our great, faithful, and beloved friend and ally, 
Louis the sixteenth, king of France and Navarre. 

GREAT, FAITHFUL, AND BELOVED FRIEND AND ALLY. 

The marquis de la Fayette having obtained our 
leave to return to his native country, we could not suf- 
fer him to depart without testifying our deep sense of 
his zeal, courage and attachment. We have advanc- 
ed him to the rank of major general in our armies, 
which, as well by his prudent as spirited conduct, he 
hath manifestly merited. We recommend this young 
nobleman to your majesty's notice, as one whom we 
know to be wise in council, gallant in the field, and 
patient under the hardships of war. His devotion to 
his sovereign hath led him in all things to demean 
himself as an American, acquiring thereby the confi- 
dence of these United States, your good and faithful 
friends and allies, and the affection of their citizens. 

We pray God to keep your majesty in his holy pro- 
tection. 



1778. J FOREIGN AFFAIRS. 125 

Done at Philtddphia, the 22tl day of Oclohor, 
1778. By the Congress of the United Stales of 
North America. 

Your good friends and allies. 

H. L. President. 
Attested. 

C. T. Secretary. 

General Washington having, in a letter of the 11th 
of November, communicated his observations on the 
foregoing plan, the same was, on the 19th of Novem- 
ber, referred to a committee, consisting of Mr. G. Mor- 
ris, Mr. Chase, Mr. Drayton, Mr. S. Adams, Mr. R. 
H. Lee, and Mr. Witherspoon, who, on the 5th of De- 
cember report, 

That the reasons assigned by the general against 
the expedition to Canada appear to the committee to 
be well founded, and to merit the approbation of Con- 
gress. That they are fully of opinion that nothing of 
great importance can be attempted in that quarter, un- 
less the enemy should evacuate the posts which they 
now hold within these United States. That it appears, 
nevertheless, highly probable that they will evacuate 
such posts before the active part of the ensuing cam- 
paign. 

That whatever may be the situation of these states 
in other respects, nothing can be done, unless the ne- 
cessary preparations therefor be made in due season. 
That the committee are of opinion the complexity of 
the plan heretofore adopted by Congress, although 
calculated to distract the views of the enemy, may be 
nevertheless attended with such disadvantages as to 



126 SECRET JOURNAL. [Oct. 2^, 1778. 

overbalance the good consequences expected from it, 
and therefore iliatit may be simplified. 

Tliat they entirely agree with the general, that Nia- 
gara cannot be carried without commanding the lakes 
Erie and Ontario, particularly the latter ; but they 
must at the same time observe, that this post is of 
such importance to the United Slates as to render it 
proper to do every thing which is practicable to ac- 
quire the possession of it. That it is therefore, in the 
opinion of the committee, proper to direct the general 
to cause every previous preparation to be made, with 
all convenient speed, for the subjection of that fortress ; 
and also to carry on such further operations to the 
northward as time and circumstances shall point out 
hereafter. 

That the committee are of opinion, that the ques- 
tion, whether any, and what force can or will be sent 
for the emancipation of Quebec, by his most christian 
majesty, must depend upon circumstances and situa- 
tions, which cannot at present be known on this side of 
the Atlantic; but they conceive it will be in his power 
to operate with eftect for that purpose; and as well 
from the importance of the object, as from his former 
exertions in favour of these states, they doubt not but 
that in such case, he will readily afford his assistance. 

That the committee therefore are of opinion, that 
the general should be directed to write to the marquis 
de la Fayette upon that subject ; and also to write to 
the minister of these states very fully, in order that 
eventual measures may be taken, in case an armament 
should be sent from France to Quebec, to co-operate 



Jan. 1779.] FOREIGN AFFAIRS. l«t 

therrwilh to the utmost degree which the finances of 
these st;jtes will admit. 

Resolved, That Congress agree to the said report. 

JANUARY 1, 1779. 

The committee, consisting of Mr. Duane, Mr. Root, 
Mr. M. Smith, Mr. G. Morris, and Mr. Laurens, ap- 
pointed to confer with the commander in chief on the 
operations of the next campaign, havitjg held such 
conference, beg leave to report. 

That the plan proposed by Congress for the emanci- 
pation of Canada, in co-operation with an armament 
from France, was the principal subject of the said 
conference. 

That impressed with a strong sense of the injury 
and disgrace which must attend an infraction of the 
proposed stipulations on the part of these states, your 
committee have taken a general review ofour finances; 
of the circumstances ofour army; of the magazines 
of clothing, artillery, arms and ammunition ; and of the 
provi>5ions in store, and which can be collected in sea- 
son. Your committee have also attentively considered 
the intelligence and o'bs< rvalions commutiicated to 
them by the commander in chief, respecting the num- 
ber of troops and strong hoKJs of the enemy in Cana- 
da, their naval force, arid entii'e command of the water 
communication with that country ; the dilFjculties, 
while they possess so signal an advantage, of penetrat- 
ing it with an army by land; the obstacles which are 
to be surmounted in acqiiiritig a naval superiority ; the 
hostile temper of many of the surrounding Indian tribes 



ISB SECRET JOURNAL. [Jan. 1, 

towards these states ; and. above all, the uncertainty 
whether the enemy will not persevere in their system 
of harassing and distressing our seacoast and fron- 
tiers by a predatory war. 

That, upon the most mature deliberation, your com- 
mittee cannot find room for a well grounded presump- 
tion, that these states will be able to perform their part 
of the proposed stipulations. That, in a measure of 
such moment, and calculated to call forth, and divert 
to a single object, a considerable proportion of the 
force of our ally, which may otherwise be essentially 
employed, nothing less than the highest probability of 
its success could justify Congress in making the pro- 
position. 

Your committee are therefore of opinion, that the 
negotiation in question, however desirable and inte- 
resting, should be deferred till circumstances shall ren- 
der the co-oj)cration of these states more certain, prac- 
ticable, and effectual. 

That the minister plenipotentiary of these states at 
the court of Versailles, the minister of France in Phi- 
ladelphia, and the marquis de la Fayette, be respec- 
tively informed, that the operations of the next cam- 
paign must depend on such a variety of contingen- 
cies, to arise as well from our own internal circum- 
stances and distant resources as the projects and 
motions of the enemy, that time alone can mature and 
point out the plan which ought to be pursued. That 
Congress, therefore, cannot, with a degree of confi- 
dence answerable to the magnitude of the object, de- 
cide on the practicability of their co-operating the next 



1779.] FOREIGN AFFAIRS. 129 

campaign in an enterprise for the emancipation of 
Canada. 

That every preparation in our power will neverthe- 
less be made for acting with vigour against the com- 
mon enemy, and every favourable inciderjt be em- 
braced with alacrity to facilitate and hasten the free- 
dom and independence of Canada and her union with 
these states; events which Congress, from motives of 
policy with respect to the United States, as well as of 
affection to their Canadian brethren, have greatly at 
heart. 

Your committee subjoin the draft of a letter to the 
above purpose to the marquis de la Fayette ; and not 
having completed the whole of the business committed 
to them, beg leave to sit again. 

Resolved, That Congress agree to the said report. 

The letter to the marquis de la Fayette being read, 
was agreed to as follows : 

SIR, 

The Congress have directed me to inform you, that 
although the emancipation of Canada is a very desira- 
ble object, yet considering the exhausted state of their 
resources, and the derangement of their finances, they 
conceive it very problematical whether they could make 
any solid impression in that quarter, even on the un- 
certain contingency that the troops of Great Britain 
should evacuate the posts they now hold. More exten- 
sive and more accurate information than they formerly 
possessed have induced a conviction, that some capital 
movements meditated r.gainst that province are utterly 
impracticable from the nature of the country, the dc- 

VOL. IT. 17 



130 SECRET JOURNAL. [Jan. 25, 

feet of supplies, and the impossibility of transporting 
them thither; to say nothing of the obstacles which a 
prudent enemy might throw in the way of an assailing 
army. Under such circumstances, to enter into en- 
gagements with their allies appears not only impru- 
dent but unjust. 

In any case, a perfect co-operation must depend 
upon a variety of incidents which human prudence 
can neither foresee nor provide for. Under the pre- 
sent circumstances it cannot be expected. The con- 
sequence then would certainly be, a misapplication, 
and possibly the destruction, of a part of the force of 
France; and that every force employed on a less ha- 
zardous expedition would equally call forth the atten- 
tion of Great Britain, equally become the object of her 
efforts, and consequently give equal aid to the United 
Stales. Considering these, and other reasons of the 
like kind, Congress have determined, however flatter- 
ing the object, not to risk a breach of the publick faith. 
or the injury of an ally, to whom they are bound by 
principles of honour, gratitude, and affection. 

I am, &LC. 

H. L. President. 



JANUARY 25, 1779. 

Resolved, That the minister plenipotentiary and 
commissioners of the United States, in Europe, be in- 
structed to obtain copies of the arrangements and 
forms of conducting the business of the treasury, war 
office, marine and other offices of government, at the 



1779.] FOREIGN AFFAIRS. 1&! 

court of Versailles, and other kingdoms, or republicks, 
in which they may respectively reside, and also at the 
court of Great Britain ; and that triplicates of such 
copies be sent to Congress, as soon as may be, toge- 
ther with any useful information relative to their trea- 
suries. 



FEBRUARY 17, 1779. 

A letter of the Oth, and one of 30th September, one 
of 19ih October, and letters of 4th, 18th and 20th 
' November, from A. Lee, esquire, at Paris, with sundry 
papers enclosed, were read. 

Ordered, that the same, together with the communi- 
cations of the minister plenipotentiary of France in 
his memorials of the 9lh, and in the private audience 
on the 15th, be referred to a committee of five. 

The members chosen — Mr. G. Morris, Mr. Burke, 
Mr. Witherspoon, Mr. S. Adams, and Mr. M. Smith. 

FEBRUARY 22, 1779. 

A letter of the 12th, and one of the 21st Septem- 
ber, 1778, from W.Lee, commissioner of the United 
States to the courts of Vienna and Berlin, both dated 
at Paris; one of the 15th October from the same, 
dated at Frankfort on the river Maine, in Germany, 
were read, enclosing a plan of a treaty of commerce 
to be entered into between their high mightinesses the 
seven united provinces of Holland and the thirteen 
United States of America. 






132 SECRET JOURNAL. [Feb. 23^ 

Ordered, That the same be referred (o the commit- 
tee on the letters lately received from Mr. A. Lee. 

FEBRUARY 23, 1779. 

The committee, to whom were referred the letters 
from Mr. A. Lee, and the communications of the mi- 
nister plenipotentiary of France in his memorial of the 
9th, and in the private audience of the 15lh, report — 

That upon consideration of all the matters referred 
to your conmiittce, they are of opinion, that his catho- 
lick majesty is disposed to enter into an alliance with 
the United States of America. That he hath mani- 
fested this disposition in a decisive declaration lately 
made to the court of Great Britain. That in conse- 
quence of such declaration the independence of these 
United States must be finally acknowledged by Great 
Britain ; and immediately thereon a negotiation for 
peace will beset on foot between the powers of France, 
Great Britain, and these United States, under the me- 
diation of his catholick majesty : Or, that Spain will 
take part in the war, and his catholick majesty will 
unite his force with the most christian king and the 
United States. 

That in the event of a negotiation for peace, your 
committee, pursuant to the declaration of Congress, 
That they would f)ot make, nor even treat of peace, 
until the independence of these United States should 
be acknowledged, or all the forces of their enemy 
withdrawn, pursuant to the gu.'^rantee of his most 
christian majesty by the treaty of alliance eventual 
and defensive, made and subsisting between him and 



1779.] FOREIGN AFFAIRS. 13» 

these United States, as sovereign and independent — 
they assume it, first, as a ground and preliminary, 
that, previous to any treaty, or negotiation for peace, 
the liberty, sovereignty, and independence, absolute 
and unlimited, of these United States, as well in mat- 
ters of government as of commerce, be acknowledged 
on the part of Great Britain. 

And if the same shall be done, your committee are 
of opinion that the ministers of these United States 
ought, on the part of the said states, to assist at, and 
contract and slipuTate in such negotiation for peace as 
may be set on foot under the mediation of his catholick 
majesty. 

That in order to be in readiness for such event, the 
said ministers ought to be instructed by Congress in 
the several following particulars, to wit : 

1. What to insist on as the ultimatum of these 
states. 

2. What to yield, or require, on terms of mutual 
exchange or compensation. 

On the first head your committee are of opinion, 
that the following articles are absolutely necessary for 
the safety and independence of the United States, and 
therefore ought to be insisted on as the ultimatum of 
these states : 

1. That the bounds of the United States be ac- 
knowledged and ratified as follows : 

Northerly by the ancient limits of Canada, as con- 
tended for by Great Britain, running from Nova Sco- 
tia, south-westerly, west, and north-westerly, to lake 
Nepissing. thence a west line to the Mississippi ; eas- 
terly by the boundary settled between Massachusetts 



134 SECRET JOURNAL. [Feb. B8, 

and Nova Scotia ; southerly by the boundary settled 
between Georgia and East and West Florida; and 
westerly by the river Mississippi. 

2. That every post and place within the United 
Slates, and every island, harbour, and road, to them, 
or any of them, belonging, be absolutely evacuated by 
the land and sea forces of his Britannick majesty, and 
yielded to the powers of the stales to which they re- 
spectively belong. 

3. That a right of fishing and curing fish on the 
banks and coasts of the island of Newfoundland, 
equally with the subjects of France and Great Britain^ 
be reserved, acknowledged, and ratified to the subjects 
of the United States. 

4. That the navigation of the river Mississippi, as 
low down as the southern boundary of the United 
States, be acknowledged and ratified absolutely free to 
the subjects of the United States. 

5. That free commerce be allowed to the subjects 
of the United States with some port or ports below the 
southern boundary of the said slates, on the river 
Mississippi, except for such articles as may be particu- 
larly enumerated. 

6. In case the allies of these United States will 
agree to support them in such claim, by continuing 
hostilities, then to insist that Nova Scotia and its de- 
pendencies be ceded to the United Slates, or declared 
independent. 

On the second head, your committee are of opinion, 

1. That the claim to Nova Scotia ought to be given 

up in lieu of the equal share in the Newfoundland 

fishery, or such share of the fishery in lieu of Nova 

Scotia, if both cannot be obtained. 



1779.] FOREIGN AFFAIRS. tS6 

2. That in case neither of these can be obtained in 
lieu of the other, then, if the Bermuda Islands can be 
obtained, the claim to Nova Scotia be ceded in lieu 
thereof. 

3. That it may be stipulated, that the subjects of 
the United States shall not trade to the East Indies, or 
engage in the slave trade, if adequate compensation 
can be obtained. 

4. That the United States will not establish any set- 
tlement, or dominion, beyond the limits of the said 
states, as settled at the conclusion of the treaty of 
peace. 

5. That if Great Britain shall cede the Floridas to 
the United States, the same may be ceded to the crown 
of Spain for an adequate compensation. 

6. A reciprocal guarantee of all American posses- 
sions which shall remain to the respective powers at 
the conclusion of the treaty of peace. 

Your committee are further of opinion, that no truce 
ought to be agreed to on the part of the United States. 

That a cessation of hostilities, during the negotia- 
tion, may be admitted, in case all the force of the 
enemy shall be withdrawn from every ])0st and place 
within the limits of the United States. That no ex- 
clusive privilege of commerce be allowed to Great 
Britain with the United States. And that all claims, 
not in the instructions mentioned, may be ceded, ex- 
changed, or retained, as the circumstances of the 
negotiation may require. 

In the event of a continuance of the war, and an 
alliance with Spain, your committee arc of opinion 



136 SECRET JOURNAL. [Feb. 23, 

that a subsidy should, if possible, be obtained from the 
court of Madrid on the following stipulations: 

That his catholick majesty shall pay to the United 
States in such convenient manner as shall be agreed 
on a sum not less than and the farther 

sum of yearly, during the continuance of 

the war between the United States and Great Britain, 
and for a term not less than years, after 

the determination thereof; or, if that cannot be ob- 
tained, then a sum not less than yearly, 
during the term aforesaid. That, in consideration 
thereof, the United States shall hold in readiness a well 
appointed force, not exceeding effective 
infantry, with all camp and marching requisites, with 
suitable arms, artillery, and other equipments for war, 
to be employed in conquering the Floridas. That the 
said countries, when conquered, shall be ceded and 
guarantied to his catholick majesty by the United 
States ; reserving always the free navigation of the 
river Mississippi to the subjects of the United States, 
as well as to the subjects of his catholick majesty, if 
possible, in the fullest extent of egress and ingress. 
But, if this cannot be obtained, then that a port be 
reserved for the delivery and sale, purchase and lading 
of all commodities, excepting such articles as shall be 
particularly enumerated. 

Your committee are also of opinion, that the minis- 
ters of these United States should be instructed and 
empowered to stipulate and contract for the delivery 
of masts for the royal navy of Spain at some conve- 
nient j)ort or ports of the United States. 

The above report being read, 



1779.3 FOREIGN AFFAIRS. 137 

Ordered, That it lie on the table for the considera- 
tion of the members ; and that it be taken up on 
Thursday next. 

Resolved, That on Thursday next, Congress be re- 
solved into a committee of the whole, to take into con- 
sideration the foregoing report. 



FEBRUARY 27, 1779. 

Congress resolved itself into a committee of the 
whole, to consider the report of the committee on the 
letters from A. Lee, and the communications of the 
minister of France ; and after some time the Presi- 
dent resumed the chair; and Mr. F. L. Lee reported 
that the committee have had under consideration the 
report referred to them, and have made some progress, 
but not having come to a conclusion, desire leave to sit 
again. 

Leave granted. 

On Monday Congress was resolved into a committee 
of the whole on the above report ; and, on l^hursday, 
resumed the same subject in committee. On the 10th, 
1 1th, 15th, and 16ih of March, the same. 



MARCH 17, 1779. 

Congress was resolved into a committee of the 
whole ; and after some time the President resumed 
the chair, and Mr. F. L. Lee reported, that the commit- 
tee have had under their farther consideration the re- 
port of the committee on the communications from the 

VQL. II. 18 



I 



138 SECRET JOURNAL. [March 19, 

minister of France, and have come to sundry resolu- 
tions thereon, which he was ready to report. 

The resolutions agreed to in the committee of the 
whole being read, 

Ordered, That the consideration thereof be post- 
poned till to-morrow. 

MARCH 19, 1779. 

Congress took into consideration the report of the 
committee of the whole, and agreed the following ul- 
timata : 

1. That the thirteen United States are bounded, 
north, by a line to be drawn from the north-west angle 
of Nova Scotia, along the high lands which divide 
those rivers which empty themselves into the river 
St. Lawrence from those which fall into the Atlantic 
ocean to the north-westernmost head of Connecticut 
river ; thence down along the middle of that river to 
the forty-fifth degree of north latitude; thence due 
west in the latitude forty-five degrees north from the 
equator, to the north-westernmost side of the river St. 
Lawrence, or Cadaraqui ; thence strait to the south 
end of lake Nepissing ; and thence strait to the source 
of the river Mississippi : west, by a line to be drawn 
along the middle of the river Mississippi from its 
source to where the said line shall intersect the lati- 
tude of thirty-one degrees north : south, by a line to be 
drawn due cast from the termination of the line last 
mentioned in the latitude thirty-one degrees north from 
the equator to the middle of the river Apalachicola, or 
Caiahouchie : thcMice along the middle thereof to its 



1779.] FOREIC.N AFFAIRS. 139 

junction with the Flint river ; thence strait to the head 
of St. M.ii-y's river ; thence down a]on<^ the middle ot' 
St. Mary's river to the Atlantic ocean : and east, by a 
line to be drawn along the middle of St. John's from 
its source to its mouth in the bay of Fundy, or by a 
line to be settled and adjusted between that part of 
the state of Massachusetts Bay, formerly called the 
province of Maine, and the colony of Nova Scoiia, 
agreeably to their respective rights, comprehending 
all islands within twenty leagues of any part of the 
shores of the United States, and lying between lines to 
be drawn due east from the points where the aforesaid 
boundaries between Nova Scotia on the one part, and 
East Florida on the other part, shall respectively touch 
the bay of Fundy and the Atlantic ocean. Provided, 
that if the line to be drawn from the mouth of lake Ne- 
pissing to the head of the Mississippi cannot be obtain- 
ed without continuing the war for that purpose, then, 
that a line or lines may be drawn more southerly, so 
as not to be southward of a line in latitude forty-five 
degrees north. 

2. That every post and place within the United 
States, and every island, harbour, and road to them, 
or any of them belonging, be absolutely evacuated by 
the land and sea forces of his Britannick majesty, and 
yielded to the powers of the states to which they re- 
spectively belong. 

MARCH 22, 1779. 

Congress resumed the consideration of the report of 
the committee of the whole; and the third resolution 



140 SECRET JOURNAL. [March 22, 

reported by the committee as one of the ultimata 
being under debate, and being in the words fol- 
lowing : 

3. That a common right in these states to fish on 
the coasts, bays and banks of Newfoundlaml and gulf 
of St. Lawrence, coast of Labrador and straits of 
Belleisle, be acknowledged ; and in case of refusal, 
that the war be continued, unless the circumstances of 
our allies shall be such as to render them utterly una- 
ble to assist in the prosecution of the war; in which 
case, as ample privileges in the fishery be insisted on, 
as can possibly be obtained : 

That in case Great Britain should not be prevailed 
on either to cede, or declare Nova Scotia independent, 
the privilege of curing fish on the shores and in the 
harbours of Nova Scotia be required — 

In lieu thereof a substitute was moved by Mr. Mor- 
ris, in the words following, viz. 

" That an acknowledgment be made by Great Bri- 
" tain of a common right in these states to fish on the 
" coasts, bays and banks of Nova Scotia, the banks of 
" Newfoundland and gulf of St. Lawrence, the coasts 
" of Labrador and straits of Belleisle, and a stipulation 
^''for the right of curing Jish on the shores of Nova Sco- 
" tin. Provided always, that the allies of these states 
" shall be in circumstances to support them in carry- 
" ing on the war for such acknowledgment and slipu- 
" lation ; but that in no case, by any treaty of peace, 
" the common right of fishing as above described be 
" given up." 

The substitute being adopted, and under debate. 



I77y.] 



FOREIGN AFFAIRS. 



141- 



A motion was made by Mr. M. Smith, seconded by 
Mr. Burke, to strike out the words, " and a stipulation 
'''•for the right of curing fsh on the shores of Nova 
" Scotia^''^ and also the words, " and stipulation," after 
the word " acknowledgment." 

And on the question, Shall those words stand, the 
yeas and nays being required by Mr. M. Smith — 



New Hampshire, 
I Massachusetts, 

Rhode Island, 
Connecticut, 
New York, 



New Jersey, 
Pennsylvania, 

Maryland, 



Mr. Whipple, 
Mr. Frost, 

Mr. Gerry, 
Mr. Lovell, 
Mr. Holien, 

Mr. Ellery, 
Mr. Collins, 

Mr. Dyer, 
Mr. Root, 

Mr. Jay, 
Mr. Duane, 
Mr. G. Morris, 
Mr. Floyd, 
Mr Lewis, 



Divided. 



Ay. 



Divided. 



No. 



No.^ 
No. I 
No. )>No. 
No. I 
No.J 



Mr.Frelinghausen,Ay. 
Mr. Fell, No. 

Mr. Armstrong, Ay.^ 
Mr. Searle, Ay. ( 

Mr. Muhlenberg, Ay. [ 
Mr. M'Lene, Ay. J 

Mr. Plater, No." 

Mr. Paca, No. 

Mr. Carmichael, No. 

Mr. Henry, No. 



Divided. 



Av. 



►No. 




142 SECRET JOURNAL. [March 3?, 

Virginia, Mr. T. A'lams, 

Mr. M. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

North Carolina, Mr. Penn, 
Mr. Hill, 
Mr. Burke, 

South Carolina. Mr. Laurens, No. 

Mr. Drayton, No. 

Georgia, Mr. Langworthy, )>No. 

So it passed in the negative, and the words were 
struck out. 

A motion was then made by Mr. Drayton, seconded 
by Mr. G. Morris, to strike out the words, '•''provided 
" always, that the allies of these states shall be in cir- 
" cumstances to support them in carrying on the war for 
" such acknowledgment.^^ 

And on the the question, Shall those words stand, 
the yeas and nays being required by Mr. Drayton — 

New Hampshire, Mr. Whipple, No. ) ^ 

Mr. Frost, No. I ^^°' 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Rhode Island, Mr. Ellery, No. 

Mr. Collins, No. 

Connecticut, Mr. Dyer, No. 

Mr. Root, No. 




No. 

No. 



1779.] FOREIGN AFFAIRS. 143 



New 


York, 


Mr. 


Jay, 


Ay. 


-\ 






Mr. 


Duane, 


Ay. 








Mr. 


Fl<iyd, 


No. 


>Ay. 






Mr. 


G. Morris, 


Ay. 


1 






Mr. 


Lewis, 


No. 


J 


New 


Jersey, 


Mr. 


Frrlinghausei 


i,No. 


i Divided. 




Mr. 


Fell, 


Ay. 


Pennsylvania, 


Mr. 


Armstrong, 


No. 


^No. 

> 






Mr. 


Searlc, 


No. 






Mr. 


Muhlenberg, 


No. 






Mr. 


M-Lene, 


No. 



Maryland, Mr. Plater, Ay." 

Mr. Paca, Ay. . ^ , 

Mr. Carmichael, Ay. | 

Mr. Henry, Ay. J 



Virginia, 


Mr. 


T. Adams, 


Ay.^ 




Mr. 


M. Smith, 


Ay. 1 
No. )>Ay. 




Mr. 


R. H. Lee, 




Mr. 


Griffin, 


Ay. 1 




Mr. 


Nelson, 


Ay.J 


North Carolina, 


Mr. 


Penn, 


Ay.) 




Mr. 


Hill, 


Ay. > Ay. 




Mr. 


Burke, 


Ay.S 


South Carolina, 


Mr. 


Draytot, 


^-Ay. 


Georgia, 


Mr. 


Langworthy, 


)>Ay. 



So it was resolved in the affirmative. 

A division was then called for ; and on the question 
to agree to the first part as amended, including the 
proviso, the yeas and nays being required by Mr. El- 
lerv — 



144 



SECRET JOURNAL. 



[March 22, 



New Hampshire, Mr. 
Mr. 

Massachusetts Bay,Mr. 
Mr. 
Mr. 

Rhode Island, Mr. 

Mr. 

Connecticut, Mr. 

Mr. 



New York, 



Whipple, 
Frost, 

Gerry, 
Lovell, 
Holten, 

Ellery, 
Collins, 

Dyer, 

Root, 



No. 
A) 



Ay. 
A 

Ay 



y.> Ay. 



IVIDED. 



No. 
Ay 



Ay.) 



Ay 



Divided. 



Ay. 



Mr. 
Mr. 

Mr. 
Mr. 
Mr. 



New Jersey^ Mr. 

Mr. 

Pennsylvania, Mr. 
Mr. 
Mr. 
Mr. 

Maryland, Mr. 

Mr. 
Mr. 
Mr. 

Virginia, ^ Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

North Carolina, Mr. 
Mr. 
Mr. 



Jay, Ay.^ 

Duane, Ay. j 

G. Morris, Ay. ^Ay. 

Floyd, Ay. j 

Lewis, Ay. J 



Frelinghausen, Ay. ) 
Fell, Ay. 5 



Ay. 



Armstrong, 
Searle, 



No.- 
No. 



Muhlenberg, No. 
M'Lene, No. 



►No. 



AyO 



Plater, 
Paca, 

Carmichael, Ay 
Henry, Ay. J 



^>'- Uy. 

^ r 



T. Adams, Ay.^ 

M. Smith, Ay. | 

R. H. Lee, No. )>Ay. 

Griffin, Ay. j 

Nelson, Ay. J 



Penn, 

Hill, 

Burke, 




1779.] FOREIGN AFFAIRS. I4d 

South Carolina, Mr. Laurens, Ay. > . 

Mr. Drayton, Ay. \ 

Georgia, Mr. Langworthy, )*Ay. 

So it was resolved in the affirmative. 

The second clause was then agreed to. 

The article as amended and agreed to is as follows : 

3. That an acknowledgment be made by Great Bri- 
tain of a common right in these states to fish on the 
coasts, bays and banks of Nova Scotia, the banks of 
Newfoundland and gulf of St. Lawrence, the coasts of 

' Labrador and straits of Belleisle. Provided always, 
that the allies of these states shall be in circumstances 
lo support them in carrying on the war for sucli 
acknowledgment ; but that in no case, by any treaty of 
peace, the common right of fishing as above fiescribfed 
be given up. 

MARCH 24, 1779. 

Congress resumed the consideration of the report of 
the committee of the whole; and the fourth article be- 
ing under debate, to wit : 

4. That the navigation of the river Mississippi be 
acknowledged and ratified absolutely free to the sub- 
jects of the United States — 

A motion was made by Mr. Burke, seconded by 

Mr. Drayton, to add these words, " provided that the 

" allies of these United States shall declare themselves 

-' in circumstances to afford effectual assistance for car- 

voL. ir. 19 



146 



SECRET JOURNAL. 



[March 24, 



*' rying on the war until the said acknowledgment and 
" ratification shall be obtained." 

And on the question to agree to this amendment, 
the yeas and nays being required by Mr. R. H. Lee — 



New Hampshire, 



Mr. Whipple, 
Mr. Frost, 



Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 

Delaware, 

Maryland, 



Mr. Ellery, 
Mr. Collins, 

Mr. Dyer, 
Mr. Root, 

Mr. Jay, 
Mr. Duane, 
Mr. G. Morris, 
Mr. Floyd, 




Divided. 



No.^ 

No.J 

Mr.Frelinghausen.No. ) »t 
Mr. Fell, No. 5 ^°' 



Mr. Armstrong, No." 
Mr. Searle, No. 

Mr. Muhlenberg, No, 
Mr. M'Lene, No. 



>No. 



Mr. Vandyke, 



>No. 

AyA 



Mr. Plater, 

Mr. Paca, Ay. 1 ^^ 

Mr. Carmichael, No. ^^^'Vided. 

Mr. Henry, No.J 



1779.] FOREIGN AFFAIRS. 147 



Virginia, Mr. T. Adams, Ay. 

Mr. F. L. Lee, N 



^:1 




Mr. M. Smith, No. I ^r 

Mr. R. H. Lee, No. f^^' 

Mr. Griffin, No. 

Mr. Nelson, Ay. 

North Carolina, Mr. Prnn, 
Mr. Hill, 
Mr. Burke, 

South Carolina, Mr. Laurens, No. > ^k 

n/r rv , a ^ Divided. 

Mr. Drayton, Ay. 5 

deorgia, Mr. Langworthy, )»Ay. 

So it passed in the negative. 

On the question to agree to the article as reported, 
the yeas and nays being required by Mr. R. H. Lee — 

New Hampshire, Mr. Whipple, Ay. ) p. 

Mr. Frost, No. 5 ^^vided. 

Massachusetts Bay, Mr. Gerry, No. ^ 

Mr. Lovcll, No. V No. 

Mr. Holten, No.S 



Rhode Island, Mr. Ellery, No. 

Mi-. Collins, No. 



No. 



Connecticut, Mr. Dyer, Ay. } jy 

Mr. Root, No. 5 ^'Vided. 

New York, Mr. Jay, No.^ 

Mr. Duane, No. I ^ 

Mr. Morris, No. f^^°' 

Mr. Floyd, Ay. J 

New Jersey, Mr.Frclinghauscn,No. > ^ 

Mr. Fell, No. 5 ^^' 



148 SECRET JOURNAL. [March 24, 

Pennsylvania, Mv. Armstrong, Ay."^ 

Mr. Searlc, Ay. I . 

Mr. Muhlenberg, No. f^^' 

Mr. M'Lcne, Ay. J 

Delaware, Mr. Vandyke, ^'No. 

Maryland, Mr. Plater, No.^ 

Mr. Paca, No. '. ^ 

Mr. Carmichael, No. f^^°' 

Mr. Henry, No.J 

Virginia, Mr. T. Adams, No.^ 

Mr. F. L. Lee, Ay. 1 

Mr. Smith, No. I ^. 

Mr. R. H. Lee, Ay. f^^^' 

Mr. Griffin, No. | 

Mr. Nelson, No. j 

North Carolina, Mr. Penn, 
Mr. Hill, 
Mr. Burke, 

South Carolina, Blr. Laurens, 
Mr. Drayton, 

Georgia, Mr. Langvvorthy, 

So it passed in the negative. 

The committee of the whole having reported that 
they disagree to the fifth article in the report referred 
to them. 

Resolved, That Congress concur with the com- 
mittee. 

On motion of Mr. Gerry, 

Resolved, That the third article be reconsidered. 
The article was then read as follows : 

"That an acknowledgment be made by Great Bri- 
" tain of a common right in these states to fish on ihe 




« 



J779.] FOREIGN AFFAIRS. 1i9 

" coasts, bays and banks of Nova Scotia, the banks 
" of Newfoundland and gulf of St. Lawrence, the 
" coasts of Labrador and straits of Belleisle : Pro- 
" vided always, that the allies of these states shall 
" be in circumstances to support them in carrying on 
•' the war for such acknowledgment ; but that in no 
" case, by any treaty of peace, the common right of 
" fishing as above described be given up." 

Whereupon a motion was made by Mr. Burke, se- 
conded by Mr. to strike out the words 
between " to fish" and " provided," and in lieu 
thereof, to insert " on all and singular the fishing 
" banks to the eastward of the island of Cape Bre- 
" ton and of Nova Scotia, which by the treaties of 
" Utrecht and of Paris were ceded to the king of Great 
" Britain, in exclusion of the subjects of France." 

A motion was made by Mr. R. II. Lee, seconded 
by Mr. Dyer, as a substitute to the whole, 

" That the right of fishing on the coas^ and banks 
" of North America be reserved to the United States 
" as fully as they enjoyed the same when subject to 
" the king of Great Britain, excepting always what 
" shall have been excepted by the treaty of Paris be- 
" tween France and the United States — the whole to 
" be explained by the treaties of Utrecht and Paris 
" with Great Britain, and of Paris with the United 
" States of North America." 

On the question, Shall this be received as a substi- 
tute, the yeas and nays being required by Mr. Gerry — 

New Hampshire, Mr. Whipple, Ay. } . 
Mr. Frost, Ay. < "^ 



UQ 



SECRET JOURNAL. 



[March 24, 



Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovoll, 
Mr. Holten, 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 

Pennsylvania. 



Delaware, 
Maryland, 



Virginia, 



North Carolina, 



Mr. Ellery, 
Mr. Collins, 

Mr. Dyer, 
Mr. Root, 
Mr. Spencer, 

Mr. Jay, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 

Mr. Fell, 

Mr. Armstrong, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M'Lene, 

Mr. Vandyke, 

Mr. Plater, 
Mr. Paca, 
Mr. Carmichael, 
Mr. Henry, 

Mr. T. Adams, 
Mr. F. L. Lee, 
Mr. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

Mr. Penn, 
Mr. Hill, 
Mr. Burke, 



Ay.^ 
Ay.) 

Ay.? A 

A 1- Ay. 
Ay. 5 




)>No.x 
Ay.^ 

Ay. [ 
Ay.J 

)>Ay. 

No.-^ 

No. I vr 

No. >^^' 
No.J 

No.-) 
Ay. I 

No. I vr 

Ay. f 

No. 
No. 



No. 

No.: 



No. 



1779.J FOREIGN AFFAIRS. 161 

South Carolina, Mr. Laurens, Ay. ) p. 

Mr. Drayton, No. I J^'^ided. 

Georgia, Mr. Langworthy, )>No. 

So the substitute was received ; and the article as 
heretofore agreed to, and the amendment proposed, 
were set aside. 

MARCH 27, 1779. 

Whereas it is of the utmost importance that Con- 
gress should be well informed of the situation of the 
several courts in Europe, and particularly of the views 
and designs of the British ministry: 

Resolved, That the members of Congress be called 
on from the chair to declare upon their honours whether 
they have received any and what intelligence relative 
to the views and designs of any of the European 
courts, and particularly of the court of Great Britain. 

MARCH 30, 1779. 

Congress resumed the consideration of the report of 
the committee of the whole, but came to no resolu- 
tions. 

APRIL 3, 1779. 

On motion of Mr. Penn, seconded by Mr. Fell- 
Resolved unanimously. That Congress will take into 

consideration the report of the committee on foreign 

affairs, kc. on Tuesdav next. 



i-53 SECRET JOURNAL. [May 8, 

According to order the report was taken into con- 
sideration on Tuesday tiie Cth ; resumed aji;ain on 
Wednesday, Friday and Saturday following ; and af- 
ter debate, Congress agreed to the first and second 
articles. 



MAY 7, 1779. 

A memorial from the honourable the minister pleni- 
potentiary of France was read. 

Ordered, That the same, together with the report 
on communications, be taken into consideration to- 
morrow morning immediately after reading the journal. 

MAY 8, 1779. 

According to order, Congress resumed the conside- 
ration of the report of the committee of the whole; 
and the proposition under debate when the subject 
was last before Congress being read, to wit: 

" That the right of fishing on the coasts and banks 
" of North America be reserved to the United Slates 
" as fully as they enjoyed the same when subject to the 
" king of Great Britain, excepting always what shall 
" have been excepted by the treaty of Paris between 
" France and the United States, the whole to be ex- 
" plained by the treaties of Utrecht and of Paris with 
" Great Britain, and of Paris with the United States 
" of North America." — 

A substitute was moved by Mr. Mori^is, seconded by 
Mr. Burke, in the words following : 



1779.] FOREIGN AFFAIRS. 153 

Whereas this Congress did on the fourth day of 
July, 1776, declare the several colonics by them rep- 
resented to be free and independent states, that they 
were absolved frooi all allegiance to the British crown, 
and that all political connexion between them and the 
state of Great Britain was and ought to be totally dis- 
solved; and that, as free and independent states, they 
had full power to levy war, conclude peace, contract 
alliances, establish commerce, and do all other acts and 
things which independent states might of right do ; and 
for the support of that declaration, with a firm reliance 
on the protection of divine Providence, did mutually 
pledge to each other their lives, their fortunes, and 
their sacred honour : And whereas this Congress did 
resolve on the 22d day of April, 1778, That the said 
states could not with propriety hold any conference or 
treaty with any commissioners on the part of Great 
Britain, unless they should as a preliminary thereto, 
either withdraw their fleets and armies, or else in posi- 
tive and express terms acknowledge the independence 
of the said stales : And whereas this Congress, in a 
letter of the 17th day of June, 1778, from their Presi- 
dent to the British commissioners, signed by their 
unanimous consent, did declare themselves inclined 
to peace, and that they would be ready to enter upon 
the consideration of a treaty of peace and commerce 
not inconsistent with treaties already subsisting, when 
the king of Great Britain should demonstrate a sincere 
disposition for that purpose : And whereas it is agreed 
in the treaty of alliance between the most christian 
king and the United States, that neither of the parties 
should conclude either truce or peace with Great Bri- 
voL. It. 20 



154 SECRET JOURNAL. [May 4, 

tain without the formal noiisetit of the other first ob- 
laineil ; and it is mutually engaged that the said par- 
ties should not lay down their arms until the indepen- 
dence of the Unit'^d States should have been formally 
or tacitly assured by the treaty or treaties that should 
terminate the war : And whereas his most christian 
majesty therein guaranties on his part, to the United 
States, their liberty, sovereignty and independence, 
absolute and unlimited, as well in matters of govern- 
ment as of commerce : And whereas from information 
lately received, it is probable that a treaty of peace 
may soon be set on foot on the preliminary acknow- 
ledgment of the independence of the said states: And 
whereas, considering the exhausted situation of the 
said slates, the derangement of their finances, and the 
defect of their resources, it is highly expedient to put 
a stop to the present destructive war : Therefore, 

Resolved, That this Congress will agree to a treaty 
of peace with Great Britain, provided the absolute and 
unlimited liberty, sovereignty and independence of 
these United States, as well in matters of government 
as of comtncrce, shall be thereby acknowledged and 
assured; and provided, that no terms or articles shall 
be therein contained which are inconsistent with, or re- 
pugnant to, the treaties already subsisting between the 
most christian king and those United States. 

An objection was made to this, as being out of or- 
der. And on the question. Is this substitute in order, 
the yeas and nays being required by Mr. Morris — 

New Hampshire, Mr. VVhipiile, ^No. 



1778.] 



FOREIGN AFFAIRS. 



ir,5 



Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. LovpII, 
Mr. Holten, 

Mr. Ellery, 
Mr. Collins, 

Mr. Sherman, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 

Virginia, 
North Carolina, 




Mr. Witherspoon, No. 
Mr. Scudder, No. 
Mr. Fell, Ay,[ 



No. 



Mr. Armstrong, No.^ 
Mr. Shippen, No. 
Mr. Searle, No. ^No. 

Mr. Muhlenberg, No. 
Mr. Wynkoop, Ay. 



Mr. Dickinson, 
Mr. Vandyke, 



Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, Ay. 

Mr. Jenifer, ^y*) 



\ 



IVIDED. 



AyO 

Ay. 



Mr. Smith, Ay. 

Mr. R. H. Lee, No. 

Mr. Griffin, No. . 

Mr. Fleming, -Ay^J 

Mr. Burke, Ay. ) 

Mr. Sharpe, Ay. 5 



Ay. 



Divided. 



Ay. 



156 SECRET JOURNAL. [May lU 

South Carolina, Mr. Laurens, No. 



Mr. Drayton, Ay 



* > Divided. 



[It appears that Georgia had no representative in Congress when this 
vote was taken.] 

So it passed in the negative. 



MAY II, 1779. 

Ordered, That the committee appointed to prepare an 
answer to the letter lately received by Congress from 
his most christian majesty, do also report the draft of 
a representation to the king of France, stating the dif- 
ficulties to which these slates are exposed in obtain- 
ing arms, military and naval stores and clothing for the 
American army and navy, requesting his majesty to 
order them to be furnished with the necessary sup- 
plies, and pledging to him the faith of these states for 
the repayment of such sums, with interest, as may be 
advanced on their account, as soon as the restoration 
of peace shall enable them to make the necessary re- 
mittances. 

That the said representation contain strong assu- 
rances of the confidence of Congress in the friendship 
of his majesty, and of their determination to evince the 
sense they entertain of it by a uniform adherence to 
the principles of the alliance. 

That the marine committee and board of war lay be- 
fore Congress, as soon as possible, a list of articles ne- 
cessary to be imported for the use of their respective 
departments. 



I 



1779.] FOREIGN AFFAIRS. 1S7 



MAY 12, 1779. 

Congress resumed the consideration under debate 
on the 8th instant ; and the proposiiion being read, 
" That the right of fishing," &c. 

A substitute was moved by Mr. Burke, seconded by 
Mr. Duane, in the words following, to wit : 

" That the ministers of these United States be in- 
" structed on a negotiation for peace, to obtain for 
" these United States an explicit acknowledgment of a 
" common right to fish every where on the high seas, 
" and as near the coasts of the territories which shall 
" remain in the possession of Great Britain as is per- 
" mitted to any other nation ; provided always, that 
•' all exclusive rights to fishing of the allies of these 
" United States shall not be affected by any such ac- 
'•' knowledgment. And in case such acknowledgment 
" shall be refusf^d, and our allies can be prevailed on 
" to assist in the prosecution of the war, no peace be 
" agreed to on the part of those United States. But in 
" case ourallies shall notagree to assist in prosecuting 
" the war, the said ministers be instructed to consent to 
" a peace without such acknowledgment ; provided, 
" that the claim of these states to such right of fishing 
" shall, in no event, be given up." 

After some debate, another substitute, in lieu of the 
whole, was moved by Mr. Morris, seconded by Mr, 
Smith, in the words following : 

" That if the court of Great Britain shall immedi- 
" ately acknowledge the independence of the United 
'• States of America, then, that an equal share of the 



158 SECRET JOURNAL. [May IS, 

" fisheries with Great Britain, as far as the same can 
" be obtained consistently with the treaty of Paris be- 
" tween France and the United States, be required and 
" insisted on ; but that, if Great Britain shall continue 
" to prosecute the present iniquitous and destructive 
" war, then, that eventual engagements be taken to 
"exclude her from the fisheries, and divide the same 
" equally between France, Spain, and America." 

A motion was made by Mr. Lee, seconded by Mr. 
Sherman, to strike out the words, " that if the court of 
" Great Britain shall immediately acknowledge the 
" independence of the United States of America, 
"then." 

The question, Shall those words stand, passed in 
the negative ; and the words were struck out. 

Another amendment was moved by Mr. R. H. Lee, 
seconded by Mr. Gerry, to strike out the words " as 
" far as the same can be obtained." 

MAY 13, 1779. 

The subject resumed, and on motion of Mr. Smith, 
seconded by Mr. Sherman, 

Resolved, That the words " can be obtained." be 
struck out ; and in their room the word " is" inserted ; 
and that the word " consistently" be changed into 
" consistent." 

The substitute being amended to read, " that an 
" equal share of the fisheries with Great Britain, as far 
" as the same is consistent with the treaty of Paris be- 
" tween France and the United St.ites, be required and 
" insisted on, but that if," &c. to the end— 



I 



1119.2 FOREIGN AFFAIRS. 1i9 

A motion was made by Mr. Gerry, seconded by Mr. 
Lee, to amend the first part as far as the words " in- 
" sisted on," by substituting in lieu thereof the words 
following : 

" That a common right with Great Britain to the 
" fisheries on the coasts and banks of North America 
" be required and insisted on, preserving inviolate the 
" treaty of Paris between France and these United 
" States." 

To which it was moved by Mr. Duane, seconded by 
Mr. Drayton, to add, " provided our allies can be pre- 
" vailed on to prosecute the war ; but in no event shall 
" the right or claim of these states to the said fisheries 
" be yielded up or impaired." 

A question being taken, Is this addition in order — 

Resolved in the affirmative. 

An amendment to the proviso was moved by Mr. 
Dickinson, seconded by Mr. Penn, instead of the 
words " can be prevailed on to prosecute the war," to 
insert, " shall be in circumstances to prosecute the war 
" with effect." 

A question being taken, Is this amendment in or- 
der — 

Resolved in the affirmative. 

On the question to agree to the amendment, the yeas 
and nays being required by Mr. Drayton — 

New Hampshire, Mr. Whipple, )>No. 

Massachusetts Bay, Mr. S. Adams, No.^ 

Mr. Gerry, No. ! x- 

Mr. Loveli, No. p^°- 

Mr. Holten, No.J 



160 

Rhode Island, 

Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 



Virginia, 
North Carolina, 
South Carolina, 



SECRET JOURNAL. 

Mr. Ellery, 
Mr. Collins, 

Mr. Sherman, 
Mr. Spencer, 

Mr. Jay, 
Mr. Diiane, 
Mr. Floyd, 

Mr. Scudder, 
Mr. Fell, 

Mr. Armstrong, 
Mr. Shipped, 
Mr. Soarle, 
Mr. Muhlenberg, 
Mr. Wynkoop, 

Mr. Dickinson, 

Mr. Plater, 
Mr. Para, 
Mr. Carmichael, 
Mr. Henry, 
Mr, Jenifer, 

Mr. Smith, 
Mr. R. H. Lee, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



[May 13, 

No. \ N°' 
No. I ^^' 




IVIDED. 



No.^ 
No. I 
No. )>No. 
No. I 
Ay.J 

)>Ay. 

Ay. I 
Ay. )>Av. 
Ay. I 
Ay.J 

No.) 
No.S No. 
Ay.S 

Ay.) 

Ay. > Ay. 
Ay.) 

No. 
Ay. 



Divided. 



So it passed in the negative. 



1779.] FOREIGN AFFAIRS. Ml 



MAY 22, 1779. 

Congress proceeded to the consideration of the re- 
port on foreign affairs. 

On motion, 

Ordered, That the absent members be summoned to 
attend. 

A memorial of this date from the minister of France 
was read : Whereupon, 

Ordered, That the same, together with the report on 
the communications from the said minister, be taken 
into consideration on Tuesday next, immediately after 
reading the journal. 

On Tuesday the subject is postponed till Thursday. 

MAY 27, 1779. 

Congress resumed the consideration of the subject 
under debate on the 12th and ISih instant; and after 
debating the substitute, as amended on the 13th, it was 
agreed, by unanimous consent, That all substitutes and 
amendments to the third article, agreed to the 22d of 
March last, be withdrawn. 

On motion of Mr. Smith, seconded by Mr. Lau- 
rens, 

Resolved, That the said third article be repealed. 

On motion of Mr. Burke, seconded by Mr. Dray- 
ton, 

Resolved, That, in no case, by any treaty of peace, 
the common right of fishing be given up. 
VOL. JI. 21 



162 SECRET JOURNAL. [June 3, 



JUNE 3, 1779. 

Congress resumed the considerafion of the report 
on the communications from the minister of France ; 
and a motion was made by Mr. Gerry, seconded by 
Mr. Sherman, in the words following, to wit: 

To obviate any disputes which may arise respecting 
the fisheries, it shall be stipulated in the treaty of 
peace, that the citizens of these states and the subjects 
^f the kins: of Great Britain be allowed the free and 
peaceable use and exercise of their common right of 
fishing on the banks of Newfoundland, and other banks 
and coasts of North America, as fully and Ireely as 
they did or might have done during their political con- 
nexion. 

Whereupon it was moved by Mr. Witherspoon, se- 
conded by Mr. Laurens, to strike out the words, " and 
*' the subjects of the king of Great Britain." 

Question, Shall those words stand, 

Passed in (he negative. 

A motion was made by Mr. Sherman, seconded by 
Mr. Spencer, to strike out the words, " as fully and 
" freely as thoy did or might have done during their 
'* jjoliiical connexion." 

Question, Shall these words stand. 

Passed in the negative. 

It was then moved by Mr. Witherspoon, seconded 
by Mr. Laurens, to strike out the wor.Js " and coasts." 

And on the question, Shall those words stand, the 
yeas and nays being required by Mr. Gerry — 



1779.] 



FOREIGN AFFAIRS. 



1^ 



New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovcll, 
Mr. Holten, 



Rhode Island, 



Conncclicut, 



! New York, 



New Jersey, 
Pennsylvania, 



Maryland, 



Virginia, 



Ay. f 

Ay.) 



Mr. Ellery, 
Mr. Collins, 



Av. 

Ay. 



Ay. 



Mr. Sherman, -Ay. ^ 
Mr. Huntington, No.> No. 
Mr. Spencer, No.) 



Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 



No.^ 
No. 

No. J>Nc 
No. I 
No.J 



Mr. Witherspoon,No. 

Mr. Scudder, No.' 
Mr. Fell, No.' 



No, 



Mr. Armstrong, Ay."^ 

Mr. Shippen, Ay. 

Mr. Atlee, No. 

Mr. Searle, No. )>No, 

Mr. Muhlenberg, No. 

Mr. M'Lene, Ay. 

Mr. Wynkoop, No.^ 



Mr. Plater, No. 

Mr. Carmichael, No. 



Mr. Henry, 
Mr. Jenifer, 

Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 



No. 
No.J 



No, 



No. 



164 



SECRET JOURNAL 



[June 8, 



North Carolina, 



South Carolina, 



IVlr. Ponn, 
IMi. Birke, 
Ml-. Sharpo, 

Mr. Lnurens, 
Mr. Drayton, 



No.) 
No. S No. 
No.^ 



No. 
No. 



No. 



So it passed in the negative, and the words were 
struck out. 

A motion was made by Mr. Ellcry, seconded by Mr. 
Wilherspoon, after "other banks," to insert, " and in 
the seas ;" which being amended to read " and seas" — 

On the question, Sh^^ll the words " and sejis"' be 
inserted, the yeas and nays being required by Mr. El- 
lery— 

New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 



)>No. 



Rhode Island, 



Connecticut, 



New York, 



New Jersey, 



Mr. Lovell, N 

Mr. Holten, N 

Mr. Ellery, Ay.) 

Mr. Collins, No. 5 

Mr. Sherman, Ay. ^ 

Mr. Huntington, Ay. > 

Mr. Spencer, No. ) 

Mr. Jay, No.'^ 

Mr. Duane, No. J 

Mr. Morris, Ay. ^ 

Mr. Floyd, No. J 

Mr. Lewis, No.J 

Mr. Witherspoon, Ay. ) 

Mr. Scudder, Ay. 3 



•No. 



Divided. 



Ay. 



'No. 



Ay> 



1779.] FOREIGN AFFAIRS. IIS 

Peniibylvania, Mr. Armstrong, No.^ 

Mr. .Shippin, No. | 

Mr. Srarle, N'». ! ^ 

Mr. Muhlonberg, No. P^°' 

Mr. >1'Lfnc, No. I 

Mr. Wyukoop, No.J 

Dolaware, Mr. Dickinson, yXv. 

Maryland, Mr. Phlcr, No.^ 

IVI r f ^11 I'm irhaol A v 



>>No. 



Mr. C;irnnichael, Ay. 

Mr. Henry, No. , 

Mr. Jenifer, No. J 

Virginia, Mr. Smith, No. ^ 

Mr. Griffin, No. V No. 

Mr. Fleming. No. ) 

North Carolina, Mr, Penn, No. ^ 

Mr. Burke, No. >• No. 

Mr. Sharpe, No.) 



South Carolina, Mr. Lnurens, 
Mr. Drayton, 



No. 1^0. 



So it passed in the negative. 

The motion being amended to read, " To obviate 
" any disputes which may arise respecting the fishe- 
"ries, it shall be stipulated in the treaty of peace, that 
" the citizens of these states shall be allowed the free 
" and peaceable use and exercise of their common 
" right of fishing on the banks of Newfoundland and 
" other banks of North America" — 

When the house was ready for the question, the jire- 
vious question was moved by Mr. Wilhcrspoon, second- 
ed by Mr. Scudder. 

And on the question to agree to the previous ques- 
tion, the yeas and nays being required by Mr. Gerry — 



166 



SECRET JOURNAL. 



[June 3, 



New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



yAy, 



Rhode Island, 
Connecticut, 

New York, 



New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 

Virginia, 



Mr. Ellery, 
Mr. Collins, 

Mr. Sherman, 
Mr. Huntington, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 

Mr. Witherspoon, 
Mr. Scudder, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Atlee, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M'Lene, 
Mr. Wynkoop, 

Mr. Dickinson, 

Mr. Plater, 
Mr. Carmichael, 
Mr. Henry, 
Mr. Jenifer, 

Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 



Av. 

No. 
No. , 
No. J 

No.) 
No. < 



No. 



No. 




Ay. I 
Ay. >Ay. 

Ay. 
No.^ 

Ay. ? A 
A r- Ay. 

Ay. 5 

No.^ 
No. 
Ay. I 
No. >No. 
Ay. I 
No. I 
Ay.J 

)>Ay. 

Ay.-j 

Ay. p^- 
Ay.J 



Ay. 



1779.] FOREIGN AFFAIRS. 167 

North Carolina, Mr. Penn, Ay. ^ 

IVlr. Burke, Ay. V Ay. 

Mr. Sharpe, Ay. ) 

South Carolina, Mr. Laurens, No. } ta 

Mr. Drayton, Ay. 5 

So it was resolved in the affirmative ; and the main 
question was set aside. 



JUNE 15, 1779. 

The commitfep appointed to prepare an answer to 
the letter from his most christian majesty, brought in a 
draft, which was agreed to as follows : 

GREAT, FAITHFUL, AND BELOVED FRIEND AND ALLY, 

The repeated proofs we have received of your ma- 
jesty's regard for these United States will lead their 
citizens to rejoice in every event that may conduce to 
your happiness or glory. It affords us particular plea- 
sure to hear that Providence- has been pleased to bless 
your nuptials with the birth of a princess; and we 
pray God that the virtues and honours of your illus- 
trious family may be perpetuated in a race of descen- 
dants worthy of so great and so good an ancestor. 

We receive with great satisfiction and sensibility 
your majesty's assurances of esteem and constant re- 
gard ; and we entreat you to be persuaded that the 
permanence and stability of our friendship will be 
equal to the magnanimity of that conduct, and the im- 
portance of those good offices, by which it was cre- 
ated. 



168 SECRET JOURNAL. [June 15, 

Permit us to request the favour of your majesty to 
oblige us with portraits of yourself and royal consort, 
that, by being placed in our council chamber, the re- 
presentatives of these slates may daily have before 
their eyes the first royal friends and patrons of their 
cause. 

We beseech the Supreme Disposer of events to keep 
you both in his holy protection, and long to continue to 
France the blessings resulting from the administration 
of a prince who nobly asserts the rights of mankind. 

Done at Philadelphia, the fifteenth day of June, 
1779. By the Congress of the United States of 
America. Your faithful friends and allies. 

Ordeted, That copies thereof be made out, signed by 
the President, and transmitted. 

The said committee having prepared a representa- 
tion and request to his most christian majesty, the same 
was agreed to as follows : 

The representation and request of the Congress of 
the United Stales of America, to their great, faith- 
ful, and beloved friend and ally, Lewis the six- 
teenth, king of France and Navarre. 

The I'ull confidence we repose in your majesty's 
constant attention to the great objects of the treaties 
subsi-iting between us, and our earnest desire vigor- 
ously to co-operate in the attainment of them, induce 
us to submit the following facts and proposals to your 
consideration : 



1.779.] 



FOREIGN AFFAIRS. 



At the commencement of the present war, we were 
in a great degree destitute of arms, ammunition and 
clothing for our armies ; and supplies have since been 
irregular, fortuitous and scanty. Our husbandmen 
have been so much interrupted by frequent calls to 
arms, that even the productions of our fertile country 
have been considerably diminished 5 and other natural 
effects of war have rendered our usual commodities for 
exportation less abundant than formerly. 

Our coasts have long been, and still are, so infested 
by the enemy's cruisers, that our commerce has been 
greatly injured, and both exports and imports become 
very hazardous. For want of naval stores, our marine 
exertions have been less extensive than they other- 
wise would have been. And while commodities pro- 
per for remittances remain scarce, and the Transporta- 
tion of them precarious, we have little reason to ex- 
pect ample supplies from private contracts and com- 
mercial projects. 

We are impressed with the strongest conviction of 
your majesty's friendly disposition towards us ; and 
we are persuaded that the same magnanimity which 
induced your majesty to unite with us in frustrating 
the cruel designs of a nation whose power and lust 
of dominion had become dangerous to their neigh- 
bours, and oppressive to us, will continue to influence 
your majesty to exertions glorious to France and ad- 
vantageous to your allies. We therefore take the 
liberty of requesting your majesty to furnish us with 
these necessary supplies, an estimate of which we 
have ordered our minister to lay before you ; and wo 
pledge the faith of these states for the repayment wifh 
VOL. ir. ^2 



170 SECRET JOURNAL. [June 17^ 

interest of whatever sums may be advanced for that 
purpose, as soon as the restoration of peace shall have 
enabled us. Be assured that they shall be vigorously 
used against the common enemy, with whom we shall 
neither conclude peace nor truce without your con- 
currence ; and that it is our sincere desire, that the 
alliance between us may be as beneficial to France, 
as it has been liberal and salutary to these United 
States. 

On the 10th July, the board of war having laid be- 
fore Congress an estimate of sundry articles proper to 
be sent for, amounting to five hundred and five thousand 
seven hundred and ninety-two pounds five shillings and 
six pence sterling; and the marine committee having 
laid before Congress an estimate of articles in their 
department, necessary to be sent for, amounting to 
sixty thousand three hundred and fifty-six pounds eleven 
shillings two farthings sterling — 

Ordered, That copies of the said invoices be made 
out by the board of war and marine committee respec- 
tively, and delivered to the President, to be by him 
transmitted, with the representation, to his most chris- 
tian majesty. 

JUNE 17, 1779. 

Congress proceeded in the consideration of the re- 
port on the communications of the minister of France, 
&c. And the sixth article in the report under the first 
head, being read, the same was set aside by the pre- 
vious question. 



1779.] 



FOREIGN AFFAIRS. 



171 



The articles under the second head were then taken 
into consideration ; and the first and second were set 
aside by the previous question. 

The third article was then read ; and a division be- 
ing called for, the first clause, to wit : " That it nnay 
" be stipulated, that the United States shall not trade 
*' to the East Indies, if adequate compensation can 
" be obtained," was set aside by the previous ques- 
tion. 

On the second clause, viz. " or, engage in the slave 
" trade, if adequate compensation can be obtained," 
the previous question being moved, the yeas and nays 
thereon required by Mr. Jay — 



New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



>At. 



Rhode Island, 



Mr. 
Mr. 
Mr. 



Ellery, 

Marchant, 

Collins, 



Connecticut, 



New York, 



New Jersey, 



Mr. 
Mr. 
Mr. 

Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 



Sherman, 

Huntington, 

Spencer, 

Jay, 
Duane, 
Morris, 
Lewis, 

Scudder, 
Fell, 



Ay. 



Av 



1T2 SECRET JOURNAL. [June 17, 

Pennsylvania, Mr. Armstrong, AyA 

Mr.Shippen, Ay. L 

Mr Muhlenberg, Ay. [ 
Mr. M'Lene, Ay. J 



Delaware, Mr. Dickinson, 

Mr. M'Kean, 



Ay. 



Maryland, Mr. Henry, Ay. > . 

Mr. Jenifer, Ay. 5 ^^' 

Virginia, Mr. Smith, -Ay.) 

Mr. Griffin, Ay.> Ay, 

Mr. Fleming, Ay. ) 

North Carolina, Mr. Penn, Ay. ) 

Mr. Burke, Ay. i Ay. 

Mr. Sharpe, Ay. ) 

South Carolina, Mr. Laurens, Ay. ) . 

Mr. Drayton, Ay. ] ^^* 

So it was resolved in the affirmative, and the clause 
set aside. 

The fourth, fifth and sixth articles were severally 
set aside by the previous question. 

Resolved, That a cessation of hostilities during the 
negotiation may be agreed to, but not without the con- 
sent of our ally, nor unless it shall be previously stipu- 
lated that all the forces of the enemy shall be imme- 
diately withdrawn from the United States. 

Ordered, That the farther consideration of the re- 
port be postponed. 

Resolved, That a committee of three be appointed 
to prepare the form of a commission to the minister 
v.'ho may be appointed to negotiate a peace. 

The members chosen — Mr. Dickinson, Mr. Morris 
and Mr. Marchant. 



1779.] FOREIGN AFFAIRS. 173 



JUNE 19, 1779. 

Congress resumed the coiisidoration of the report on 
the communications, &c., when the follnvviiig reso- 
lutions were moved by Mr. Gerry, seconded by Mr. 
Ellery— 

1. That it is essential to the welfare of these United 
States that the inhabitants thereof, at the expinuion of 
the war, should continue to enjoy the free and undis- 
turbed exercise of their common right to fish on the 
banks of Newfoundland, and the other fishing banks 
and seas of North America, preserving inviolate the 
treaties between France and the said states. 

2. That an explanatory article be prepared and 
sent to our minister plenipotentiary at llie court of 
Versailles, to be by him presented to his most chris- 
tian majesty, whereby the said common right to the 
fisheries shall be more explicitly guarantied to the 
inhabitants of these states than it already is by the 
treaties aforesaid. 

3. That in the treaty of peace with Great Britain a 
stipulation be made, on their part, not to disturb the 
inhabitants of these states in tlie free exercise of 
their common right to the fisheries aforesaid ; and 
jihat a reciprocal engagement be made on the part of 
the United States. 

4. That the faith of Congress be pledged to (he 
several states, that, without their unanimous con^'Ont, 
no treaty of commerce shall be formed with Great Bri- 
tain previous to such stipulation. 



174 SECRET JOURNAL. [Jane 19, 

5. That if the explanatory article should not be 
ratified by his most christian majesty, nor the siipula- 
tion aforesaid be adopted by Great Britain, the minis- 
ter conducting this business shall give notice thereof 
to Congress, and not sign any treaty of peace until 
their pleasure be known. 

The first proposition being read, a motion was made 

by Mr. Morris, seconded by Mr. Drayton, to amend 

it by striking out certain words and inserting others, so 

that it read, " That it would be very injurious to 

" these United States, and the inhabitants thereof, at 

*' the expiration of the war, not to enjoy the free," 
&;c. 

On the question. Shall the words, moved to be 

struck out, stand, the yeas and nays being required 

by Mr. Eliery— 

New Hampshire, Mr. Whipple, ^Ay. 

Massachusetts Bay, Mr. Gerry, Ay. ^ 

Mr. Lovell, Ay. > Ay. 

Mr. Holten, Ay.) 

Rhode Island, Mr. Ellery, Ay. ^ 

Mr. Marchant, Ay. > Ay. 
Mr. Collins, Ay.) 

Connecticut, Mr. Sherman, Ay. ^ 

Mr. Huntington, Ay. > Ay. 
Mr. Spencer, Ay.) 

New York, Mr. Jay, 

Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

New Jersey, Mr. Scudder, No. > »r 

31r. Fell, No. 5 ^^°' 




1779.] 

Pennsylvania, 



Delaware, 



Maryland, 



FOREIGN AFFAIRS. 



vrt 



Mr. Armstrong, Ay.^ 
Mr. Searle, Ay. I » 

Mr. Muhlenberg, Ay. ■' 
Mr. M'Lene, Ay.J 



Mr. Dickinson, No. } 

Mr. M'Kean, Ay. I 

Mr. Paca, No.) 

Mr. Carmichael, No. 



Divided. 



No. 





Mr. Jenifer, 


No.^ 


Virginia, 


Mr. Smiih, 
Mr. Griffin, 
Mr. Fleming, 


No.) 
No.V No. 
No.^ 


North Carolina, 


Mr. Penn, 
Mr. Burke, 


No.) M 
No. I N°' 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 


»/' > Divided. 
No. ) 



So it was resolved in the affirmative. 

A motion was then made by Mr. Morris, secondecl 
by Mr. Smith, that the farther consideration of the 
first proposition be postponed. On which, the yeas 
and nays being required by Mr. Gerry — 



New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



>-No. 

No.) 
No. > No. 

No.^ 



Rhode Island, 



Connecticut, 



Mr. Ellery, No. 

Mr. Marchant, No. 
Mr. Collins, No. 



No. 



Mr. Sherman, No. ) 
Mr. Huntington, No. v No. 
Mr. Spencer, No. ) 



176 



SECRET JOURNAL. 



[June 19, 



New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 
Virginia, 

North Carolina, 
South Carolina, 



Mr. Jay, 
Mr. Diiatie, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 



^''' I Divided. 
Ay. ' 

No.j 



No 
Ay 



-.1 



Divided. 



Mr. Armstrong, No."^ 
Mr. Shippen, No. | 
Mr. Searle, No. )>No. 

Mr. Muhlenberg, No. | 
Mr. M-Lene, No.J 



Mr. Dickinson, 
Mr. M'Kean, 



A 

No 



-\- 



IVIDED- 



Mr. Carmichael, Ay. ) 
Mr. Jenifer, Ay. 5 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 

Mr. Laurens, 
Mr. Drayton, 



Ay. 




T.-7' > Divided. 
No. S 



No. 
Ay. 



Divided. 



So it passed in the negative. 

A motion was then made by Mr. Burke, seconded 
by Mr. Duane, after the words " seas of North Ameri- 
" ca," to insert, " within the restrictions of the law 
" and custom of nations for preventing contraband." 
And on the question, Shall those words be inserted, the 
yeas and nays being required by Mr. Jay — 



New Hampshire. Mr. Whipple, 



>No. 



i779.] 



FOREIGN AFFAIRS. 



m 



Massachusetts Bay, Mr. Gerry, 

Mr. Lovell, 
Mr. Holten, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 



No.) 
Ay.} No. 



No.> 



Mr. Ellery, No.) 

Mr. Marchant, No. V No. 

Mr. Collins, No.) 

Mr. Sherman, No. ) 

Mr. Huntington, No. > No. 

Mr. Spencer, No. ) 



Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scuddcr, 
Mr. Fell, 



AyO 

Ay. p^- 
No.j 



Ay. 

No. 



Divided. 



Mr. Armstrong, No.^ 
Mr. Shippen, No. 
Mr. Searle, No. >No. 

Mr. Muhlenberg, No. 
Mr. M'Lene, N( 



io. I 
fo.j 



Mr. M'Kean, 



yiso. 



Mr. Carmichael, Ay. ) . 
Mr. Jenifer, Ay. 5 



Virginia, 


Mr. Smith, 
Mr. Griffin, 
- Mr. Fleming, 


Ay.) 

Ay.V Ay. 
Ay.S 


North Carolina, 


Mr. Penn, 
Mr. Burke, 


-V- I Av. 
Ay. 5 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 


No.) r, 
Ay. 5 


VOL. u. 


23 





178 SECRET JOURNAL. " [June 24, 

So it passed in the negative. 

A motion was made by Mr. Morris, seconded by 
Mr. M'Kean, to strike out the words " preserving in- 
" violate the treaties between France and the United 

" States." 



JUNE 24, 1779. 

On the ((ueslion, Shall the words moved to be struck 
out, stand, the yeas and nays being required by Mr. 
Gerry — 

New Hampshire, Mr. Whipple, Ay. ) . 

Mr. Pea body, Ay. 5 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Rhode Island, Mr. EUery, 

Mr. Marchant, 
Mr. Collins, 

Connecticut, Mr. Sherman, Ay. ) . 

Mr. Spencer, Ay. 5 

New York, Mr. Jay, Ay.^ 

Mr. Duane, Ay. \. 

Mr. Morris, No. C^^' 

Mr. Lewis, ^Y-J 

New Jersey, Mr. Scudder, Ay. ) . 

Mr. Fell, Ay. 5 ^^'* 

Pennsylvania, Mr. Armstrong, Ay.^ 

Mr. Shippen, Ay. J 

Mr. Searle, Ay. ^Av. 
Mr. Muhlenberg, Ay. 

Mr. M'Lene, Ay. J 




I 



1779.] 


FOREIGN AFFAIRS. 




Delaware, 


Mr. Dickinson, 
Mr. M'Kcan, 


Ay. 
Ay. 


Maryland, 


Mr. Carmichael, 
Mr. Henry, 
Mr. Jenifer, 


Ay. 
Ay. 
Ay. 


Virginia, 


Mr. Smith, 
Mr. Griffir>, 
Mr. Fleming, 


Ay. 
Ay. 
Ay. 


North Carolina, 


Mr. Penn, 
Mr. F^tirkc, 
Mr. Sharpe, 


Ay. 

No. 
Ay. 


South Carolina, 


Mr. Laurens, 
Mr. Dray Ion, 


Ay. 
Ay. 



nj^ 



Ay. 



Ay. 



Ay. 



Ay 



So it was resolved in the affirmative. 

A motion was made by Mr. Burke, seconded by 
Mr. Dickinson, after the words " North America," to 
insert, " As near the coasts of ihc territories which 
" shall remain in the possession of other nations, after 
" the conclusion of the present war, as is permitted to 
*' any free and independent people." And on the 
question to agree to this amendment, the yeas and nays 
being required by Mr. Gerry — 



No. 



New Hampshire, 


Mr. Whipple, 
Mr. Peabody, 


No. 
No. 


Massachusetts Bay. 


Mr. Gerry, 
Mr. Lovell, 
Mr. Hoi ten, 


No. 

No. 
No. 


Rhode Island, 


Mr. Ellery, 
Mr. Marchanf. 
Mr. Collins. 


No. 

No. 
No. 



No. 



180 

Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 

Virginia, 
North Carolina, 

South Carolina, 



SECRET JOURNAL. 

Mr. Sherman, 
Mr. Huntington, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

Ml". Scuddcr, 
Mr. Fell, 



[June 24, 



No. 



No. p^' 
Ay.J 



No. 
No. 



No. 



Mr. Armstrong, No.'^ 

Mr.^Sbipppn, No. | 

Mr. Scaric, No. J>No. 

Mr. Muhlenberg, No. 
Mr. M'Lene, 



Mr. Dickinson, 
Mr. M-Kean, 

Mr. Paca, 
Mr. Carmichael 
Mr. Henry, 
Mr. Jenifer, 

Mr. Smith, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sliarpe, 

Mr. Laurens, 
Mr. Drayton, 



No!j 



N 



IVIDEC. 



Ay. 
Ay 
Ay. I 
Ay.J 



'• J>Ay. 



A 

No 



^:| 



No. 

Ay., 

Ay.' 

No.: 

Ay.; 



Ay. 



Divided. 



So it passed in the negative. 

A motion was made hy Mr. Burke, seconded by Mr. 
Drayton, to strikeout the words " continue to." And 
on the question. Shall the words stand, the yeas and 
nays being required by Mr. Gerry — 



1779.] 



FOREIGN AFFAIRS. 



181 



New Hampshire, 



Mr. Whipple, 
Mr. Peabody, 



Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Hoiten, 



Rhode Island, 



Connecticut, 



New York, 



New Jersey, 



Pennsylvania, 



Delaware, 
Maryland, 

Virginia, 



Mr. EUery, 
Mr. Marchant, 
Mr. Collins, 

Mr. Sherman, 
Mr. Huntington, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Searie, 
Mr. Muhlenberg, 
Mr. M'Lene, 

Mr. Dickinson, 
Mr. M'Kean, 

Mr. Paca, 
Mr. Carmichael, 
Mr. Henry, 
Mr. Jenifer, 

Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 



Ay.) 
Ay. I 



Av. 



Av. 



Divided. 



AyA 

Ay. 

Ay. )>Ay. 
Ay. 1 
Ay.J 




IVIDED, 



1»2 SECRET JOURNAL. [June 24, 

North Carolina, Mr. Penn, No. ) ^ 

Mr. Barke, No. 5 ^^°- 

South Carolina, Mr. Laurens, Ay, > t^ 

TV, r» . Ks t Divided. 

Mr. Drayton, JNo. 5 

So it was resolved in the affirmative. 

A motion was made by Mr. Dickinson, seconded by 
Mr. Carmichael, to insert the word " all," before 
" these United Stales." On which, the yeas and nays 
being required by Mr. Drayton — 

New Hampshire, Mr. Whipple, Ay. ) . 

Mr. Peabody, Ay. 5 ^' 

Massachusetts Bay, Mr. Gerry, Ay. ^ 

Mr. Lovcll, ^y*/ Ay. 

Mr. Holten, Ay.) 

Rhode Island, Mr. EUery, 

Mr. Marchant, 
Mr. Collins, 

Connecticut, Mr. Sherman, No. ) 

Mr. Huntington, Ay. >Av. 
Mr. Spencer, Ay. ) 



New York, Mr. Jay, 

Mr. Duanc, 
Mr. Morris^ 
Mr. Lewis, 

New Jersey, Mr. Scudder, 

Mr. Fell, 

Pennsylvania, Mr. Armstrong, 

Mr. Shippcn, 
Mr. Searle, 
Mr. Muhlenberg, Ay. 
Mr. M'Lene, Ay. j 



Divided. 



1779.] FOREIGN AFFAIRS. lj» 

Delaware, Mr. Dickinson, Ay. i . 

Mr. M'Kean, Ay. 5 ^^' 



Maryland, Mr. Paca, Ay.^ 
" " ^- I 

Mr. Jenifer 



Mr 
Mr 



. Carmichael, Ay. \^ . 
. Henry, Ay. ,'' 




Virginia, Mr. Smith, 

Mr. Griffin, 
Mr. Fleming, 

North Carolina, Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 

South Carolina, Mr. Laurens, No. 

Mr. Drayton, No 

So it was resolved in the affirmative. 
On the question to agree to the proposition as 

amended, the yeas and nays being required by Mr. 
Ellery— 

New Hampshire, Mr. Whipple, Ay. ) . 

Mr. Peabody, Ay. 5 ^^' 

Massachusetts Bay, Mr. Gerry, Ay. ) 

Mr. Lovell, -^y*/ Av. 

Mr. Hoi ten, Ay.) 

Rhode Island, Mr. Ellery, Ay. ) 

Mr. Marchant, Ay.V Ay. 

Mr. Collins, Ay.) 

Connecticut, Mr. Sherman, Ay. ^ 

Mr. Huntington, Ay.> Ay. 

Mr. Spencer. ^y-j 



184 



SECRET JOURNAL. 



[June 24, 



New York, 

New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 



Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 



No.J 



Ay. 
No. 



Divided. 



Mr. Armstrong, Ay."^ 
Mr. Shippen, Ay. j 
Mr. Searle, Ay. ^Ay. 

Mr. Muhlenberg, Ay. | 
Mr. M'Lene, Ay. J 



Mr Dickinson, 
Mr. M^Kean, 



No. 
Ay 



:]- 



IVIDED. 



Mr. Paca, No.^ 

Mr. Carmichael, No. I lyr 
Mr. Henry, No. P^"' 





Mr. Jenifer, 


No. 


Virginia, 


Mr. Smith, 


No. 




Mr. Griffin, 


No. 




Mr. Fleming, 


No. 


North Carolina, 


Mr. Penn, 


No. 




Mr. Burke, 


No. 




Mr. Sharpe, 


No. 


South Carolina, 


Mr. Laurens, 


Ay. 




Mr. Drayton, 


No. 



No. 



No. 



Divided. 



So it was resolved, That it is essential to the welfare 
of all these United States, that the inhabitants thereof, 
at the expiration of the war, should continue to enjoy 
the free and undisturbed exercise of their common 
right to fish on the banks of Newfoundland, and the 
other fishing banks and seas of North America, pre- 
serving inviolate the treaties between France and the 
said states. 



1779.] 



FOREIGN AFFAIRS. 



J6B 



JULY 1, 1779. 

Congress proceeded lo the consideration of the se- 
cond proposition moved by Mr. Gerry. 

A motion was matle by Mr. Burke, seconded by Mr. 
Drayton, to strike out the words " explanatory," 
" more," " than it already is by the treaties aforesaid." 
And a division being called for by Mr. Laurens — 

On the question, Shall the word " explanatory" 
land, the yeas and nays being required by Mr. 
Burke — 



New Hampshire, Mr. 
Mr. 

Massachusetts Bay, Mr. 
Mr. 
Mr. 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 
Pennsylvania, 

VOL. II. 



Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

24 



Whipple, 
Peabody, 

Gerry, 
Lovell, 
Holten, 

Marchant, 
CoUins, 

Sherman, 

Huntington, 

Spencer, 

Duane, 
Lewis, 

Scudder, 
Fell, 

Searle, 

Muhlenberg, 

M'Lene, 



^y- 1 Av 

Ay. I ^^• 




^^'l Av 




No. \ ^''^''^^D' 




IVIDED. 



186 
Delaware, 

Maryland, 
Virginia, 
North Carolina, 
South Carolina, 



SECRET JOURNAL. 
Mr. Dickinson, 



No. > 
Mr. M'Kean, Ay. 5 



[July 1, 
Divided. 



Mr. Carmichael, No. ) 
Mr. Henry, Ay.> No. 



Mr. Jenifer, 

Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sharps, 

Mr. Laurens, 
Mr. Drayton, 



No. ^ 

No.) 

No.VNo. 

No.> 

No.) 
No. } No. 
No.S 



\0.\ 



^^' ^ Divided. 



So it was resolved in the affirmative. 

On the question, Shall the words " more," " than 
" it already is by the treaties aforesaid," stand, the 
yeas and nays being required by Mr. Drayton — 



New Hampshire, Mr. Whipple, 
Mr. Peabody, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Mr. Marchant, 
Mr. Collins, 



Av. 




Rhode Island, 



^y- \ Ay 



Connecticut, 



New York, 



Mr. Sherman, Ay. ) 
Mr. Huntington, -Ay. > Ay. 
Mr. Spencer, ) 



Mr. Duane, 
Mr. Lewis, 



No.? vr 

No. 5^°- 



1779.} 

New Jersey, 



FOREIGN AFFAIRS. 

Mr. Scudder, 
Mu Fell, 



in 



j^^^^ > Divided. 



Pennsylvania, Mr. Shippen, Ay."^ 



Mr. Searle, Ay. K ^ 

Mr. Muhlenberg, Ay. [ 
Mr. M'Lene, Ay. J 



Delaware, 
Maryland, 

Virginiaj 

North Carolina, 

South Carolina, 



Mr. Dickinson, No. ) 
Mr. M'Kean, Ay. 5 



Divided. 



Mr. Carmichael, No. \ 
Mr. Henry, Ay. [ No. 

Mr. Jenifer, 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Ponn, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 




I VIDEO. 



So it was resolved ia the affirmative. 



On the question to agree to the proposition, the 
yeas and nays being required by Mr. Gerry- 



New Hampshire, Mr. Whipple, 
Mr. Pea body, 

Massachusetts Bay, Mr. Gerry, 
Mr. Loveli, 
Mr. Holten, 



^11-- 



Rhode Island, 



Mr. Marchant, 
Mr. Colhns, 




Ay. 



1^6 



SECRET JOURNAL. 



[July 1, 



Conneclicur, 

New York, 

New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 

North Carolina, 



Mr. Sherman, Ay. 
Mr. Huntington, Ay. 
Mr. Spencer, Ay. 



Ay. 



Mr. Duane, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 

Mr. Shippen, 

Mr. Searlc, 

Mr. Muhlenberg, Ay. 



Ay. 

Ay. 

Ay.) 

Ay. 5 

Ay.) 

Ay A 



Mr. Dickinson, 
Mr. M-Kean, 



No. 

Ay. 



Mr. Carmichael, No. 
Mr. Henry, Ay. 

Mr. Jenifer, No. 



Ay. 



Ay. 



Ay. 



Divided. 



No. 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 



No.) 
No, V No. 



No. 



Divided. 



South Carolina, Mr. Laurens, 
Mr. Drajton, 

So it was 

Resolved, That an explanatory article be pre- 
pared and sent to our minister plenipotentiary at the 
court of Versailles, to be by him presented to his 
most christian majesty, whereby the said common right 
to the fisheries shall be more explicitly guarantied to 
the inhabitants of these states, than it already is by 
the treaties aforesaid. 

The third proposition being read, 



1T79.] FOREIGN AFFAIRS. 18B 

A motion was made by Mr. Burke, seconded by 
Mr. Drayton, to amend the same by adding, " Pro- 
" vided that if Great Britain will acknowledge and 
" ratify the liberty, sovereignty and independence, 
" absolute and unlimited, as well in matters of govern- 
" ment as of commerce, of these United States, and 
" agree to the other articles in the ultimatum resolved 
" upon by Congress, the present war shall not be con- 
" tinued, notwithstanding Great Britain shall decline to 
" make an express and particular acknowledgment of 
" the right aforesaid." 

JULY 10, 1779. 

The President informed Congress that the minister 
of France had communicated to him certain intelli- 
gence, about which it would, in his opinion, be expe- 
dient for Congress to confer with the minister : Where- 
upon, 

Resolved, That Mr. Gerard be informed by the Pre- 
sident that Congress are desirous of conferring with 
him in a committee of the whole on the subject of the 
intelligence communicated by him to the President ; 
and that, if it be agreeable to him, a private audience 
be had on Monday next, at 12 o'clock. 

JULY 12, 1779. 

The President informed the house, that he had com- 
municated to the minister of France the resolution of 
Saturday, and that the minister has agreed to meet 
Congress in a committee of the whole at 12 o'clock 
tliis day. 



190 SECRET JOURNAL. [July 14, 

Congress was resolved into a committee of the 
whole ; aud after some time the President resumed the 
chair, and Mr. Laurens reported, 

That the committee have had a conference with the 
minister plenipotentiary of France ; but not being 
prepared to report the substance of the conference, 
desire leave to sit again. 

Resolved, That to-morrow morning Congress be re- 
solved into a committee of the whole on the subject of 
the conference this day held with the minister pleni- 
potentiary of France. 

JULY 13, 1779. 
Congress in a committee of the whole. 

JULY 14, 1779. 

Congress was again in committee of the whole ; and 
after some time the President resumed the chair, and 
Mr. Laurens reported, 

That in obedience to the order of Congress, the 
committee of the whole have conferred with the minis- 
ter plenipotentiary of France, who introduced the 
conference by saying, that he had received some des- 
patches from his court, which he was ordered to com- 
municate to Congress ; but that he expected no an- 
swer : that, though it was not the usual practice to 
ofTer communications of this nature in writing, yet as it 
had been intimated to him by the President, that this 
mode would be most agreeable to Congress, he had 
committed the heads of them to paper, not as a memo- 



I 



1779.] FOREIGN AFFAIRS. 191 



rial, but merely for the assistance of the memory, in 
a form to which the term " ad statum legend!" is ap- 
propriated by the usage of the courts of Europe : 
Mi, That in reading the said paper, he would take the 
liberty of making some explanations and reflections. 
He then proceeded to read the paper herewith deliver- 
ed, marked No 1, divided into seven articles ; and at 
the close of each separate article, he added explana- 
tions and reflections, the substance of which the com- 
mittee have endeavoured to recollect, and committed 
to writing in the paper marked No. 2, 

The committee then taking notice of what the minis- 
ter had said concerning a tacit assurance of the inde- 
pendence of these slates, and the reluctance of the king 
of Great Britain to make an express acknowledgment 
thereof, requested to know his sense concerning the 
manner in which such tacit assurance could be given. 

To which he, premising that what he should now 
say ought to be considered only as his private senti- 
ments, replied. That the British court would probably 
endeavour to avoid an expitss acknowledgment by 
imitating precedents that had occurred in Europe on 
similar occasions, instancing the cases of the Swiss 
cantons, and of the United Provinces of Holland ; that 
the mode adopted in the latter case had been for the 
archdukes, to whom the king of Spain had transferred 
his right of sovereignty, to treat with them " as with 
" free and independent states." And that with respect 
to the cantons, France had not been able to obtain more 
for them in the treaty of Munster than " a declaration 
" that they should be in possession of full liberty and 
" exemption from the empire, and be, in no manner. 



ifi2 SECRET JOURNAL. [July 14, 

" subject to the jurisdiction thereof." But that, in his 
opinion, the circumstances of these states, and the man- 
ner in which they had conducted their opposition, 
would justify their expecting a more full declaration. 

THE PAPERS REFERRED TO. 

No. I. Ad statum legendi. 

1. The king has approved all the overtures which 
were made by his ministers plenipotentiary to the ho- 
nourable Congress respecting the affairs of M. de Beau- 
marchais : Therefore a line ought to be drawn between 
the stores which this gentleman has been permitted to 
lake out of the royal magazine, for which he has con- 
stitued himself debtor to the department at war, and 
between those articles which the same gentleman has 
bought in the way of common trade for the use of the 
United States. 

2. A hint having been given to the minister pleni- 
potentiary, that Congress desire to recruit their ships 
in France from the English prisoners there — the court 
in consequence of his representation is willing to fa- 
cilitate this mode of recruiting seamen. 

3. The king and ministry were extremely [satisfied*] 
with the resolution Congress has taken to maintain 
only one minister plenipotentiary at this court, as well 
as with the exclusive appointment of so steady and 
honest a man, and so firm and solid a patriot as Dr. 
Franklin. 

4. The Congress has given a very great satisfaction 

* "^Vord omitted in the original'. 



1779.] FOREIGN AFFAIRS. 193 

to the court of France by the convenient and spirited 
step which was taken to disavow a certain ill-grounded 
and pernicious doctrine relating to the mutual obliga- 
tion of the allies to conclude no truce or peace without 
the knowledge and consent of each other. The court 
of France is of opinion, that this doctrine could only 
be maintained by those men whose aim would be to 
seek, by any means, to weaken the ties of the alliance, 
and to create a disgust and diffidence between the al- 
lies. 

5. This court has received with some surprise the 
intelligence, that Congress has published the treaties 
concluded with her, without the previous knowledge 
and consent of the interested party. It is not to be 
denied that such a procreding is but little consistent 
with reason, and with the general practice of courts 
and nations. Nevertheless, this observation involves 
not any kind of reproach ; but the king thinks, that so 
noble and so generous a system of politicks could but 
produce desirable effects by its publication. 

6. The intelligence, that in the first month of last 
winter there were no adequate preparations made in 
America towards a vigorous and successful campaign, 
was received at Versailles with all the concern which 
the danger of the United States, and the prolongation 
of the present contest, can create in the most friendly 
mind. The court of France is fully of opinion, that 
the exertions of the United Slates are necessary to 
bring the common enemy to a proper sense of all the 
disappointments which he will meet with. 

7. This court being very desirous to acquaint Con- 
gress exactly with the state of affairs relating to the 

VOL. TI. 25 



194 SECRET JOURNAL. [July 14, 

common cause, would not delay to inform this ho- 
nourable body, that the court of London showing on 
one side dispositions to a reconciliation with France, 
rejects on the other side the very idea of a formal and 
explicit acknowledgment of the independence of the 
United States, which his most christian majesty per- 
severes to hold up as a preliminary and essential con- 
dition. The behaviour of the common enemy in this 
respect rendered a great deal more probable the con- 
jecture whirh was communicated to Congress some 
time ago, that the point of honour and pride of the 
king of England will be the greatest obstacle to the 
conclusion of the peace upon those explicit terms. 
And perhaps the manner of overcoming this difficulty 
will of course become the most decisive object of the 
deliberation of Congress, when this honourable body 
shall determine to make peace. It is presupposed 
that whatever mezzo termme may be hit upon, that 
England shall treat with the United States as with a 
free people, and evacuate immediately all the territo- 
ries belonging to them. 

Philadelphia, July 12, 1779. 
No. II. The substance of what the minister said at the 

conference in explanation of the several articles in 

the foregoing paper, marked " ad statum legendi,'* 

as reported by the committee. 

Art. 1. From the bills and accounts with which Con- 
gress have been furnished by M. de Beaumarchais, Con- 
gress would be enabled to distinguish those articles 
which were drawn fcom the royal magazines, and those 
which he supplied in the way of trade. For those last. 



1T79.] FOREIGN AFFAIRS. 19S 

Congress would, without doubt, make remlttnncos to 
M. de Beaumarchais in their own way, to enable him to 
perform the contracts he had entered into as a mer- 
chant. That for the former articles, the king his mas- 
ter, taking upon himself to be creditor to the United 
States, would wait until the Congress should find it 
convenient to make compensation. 

Art. 2. Though his court had not resolved to retaliate 
upon the prisoners in their hands for injuries done to 
prisoners taken by the common enemy, yet for the rea- 
sons assigned, the king his master had assented to the 
proposal. But in carrying this matter into execution, it 
would be proper to take such precautions, and to give 
such orders to the captains, or other persons employed 
in this business, that it might be managed with pru- 
dence. 

Art. 3. There is every reason to believe that Con- 
gress will receive, very soon, proofs of the confidence 
which his court was always willing to show to the ser- 
vants of these states. The personal character of Dr. 
Franklin will enable the court to act with a frankness 
becoming the alliance; and they will have no occasion 
to withhold any more the secrets which may interest 
the United States and the alliance. 

Art. 4. The king his master, after this explicit step, 
Felies, with the highest confidence, upon die candour and 
faithfulness of Congress in understanding as well as in 
executing the treaty, and in rejecting every arbitrary 
and unnatural interpretation, or construction, which 
false, subtle, or designing men can contrive. Con- 
gress, by their own feelings, must be sensible, that such 
interpretations and constructions arc always hurtful. 



lae SECRET JOURNAL. ^ [July 14, 

against common flcccncy and dignity, and may often- 
times endanger mutual confidence, and, of course, the 
very existence of a treaty. But the sense Congress 
has manifested in this particular affair gives his court 
the greatest hopes ih:U there shall be no further motive 
for the painful reflections which that affair gave rise to. 

Art. 5. He begged leave to add, that this publication 
interfered with the situation of affairs in Europe, and 
was in a certain degree disadvantageous to the common 
cause, because it gave the common enemy a full know- 
ledge of our system, and our mutual engagements, 
without procuring us any reason to guess at their views 
and resolutions. Happily these inconveniences have 
not been felt, and ample compensation has been ob- 
tained by convincing the people of America, not only 
that the treaty was just and equal, but that the heavy 
which France had taken upon her, was mag- 
nanimous, gratuitous, and without reward. The whole 
world was at the same time convinced, that war, con- 
quest and ambition, were not the objects of the alliance, 
nor of any of the allies, but only the peaceable enjoy- 
ment of the sovereignty, liberty, security and indepen- 
dence of these United States. And this conviction gave 
much honour, credit and consideration to the alliance. 

Art 6. On this he observed, that he had endeavoured, 
since the last fall, by order of his court, to impress upon 
every mind, that England will never evacuate New 
York willingly, and could only be brought, by proper 
exertions on the part of America, to think seriously of 
granting the independence. He believed that Con- 
gress had adopted a system conformable to their en- 
gagements, and to the situation of affairs. His court 



1779.] FOREIGN AFFAIRS. 197 

was better informed than he was; but without reflecting 
on past events, the king hopes that his amicable ap- 
prehensions will be overcome by the success of the 
campaign; that henceforth the United States will follow 
the PXiimple set them by his majesty, and that they will 
exert themselves in their own cause, as his majesty 
exerts himself for their sake and in their cause which 
he has adopted. 

Art. 7. He said that he was authorized to tell Con- 
gress, in confidence, that this reflection is the result of 
the observations which the court of Spain made upon 
the conduct of England throughout her negotiation of 
mediation. That the British ministry seem to be solici- 
tous to be reconciled with France, and to keep up this 
negotiation; that from thence probable hopes may be 
entertained of their internal disposition to peace ; but 
at the same time, they reject with haughtiness the for- 
mal acknowledgment of the independence insisted on 
by France and Spain. New orders have been given 
to the Spanish ambassador at London to ascertain, as 
nearly as possible, those dispositions. In these cir- 
cumstances the king his master ordered him to com- 
municate this intelligence to the United States, that 
they may, if they think proper, take under considera- 
tion, if it would not be expedient to give their plenipo- 
tentiary instructions and full powers founded upon the 
necessity of the conjuncture and upon the treaty of al- 
liance, the express and formal terms of which are, that 
peace shall not be made without an express or tacit 
acknowledgment of the sovereignty, and consequently 
and a fortiori, of the rights inherent in sovereignty 



198 SECRET JOURNAL. [July 14, 

as well as of the independence of (he United States, 
in matters of government and of commerce. This sub- 
stantial alternative in an engagement which is a mere 
gratuitous gift without any compensation, or stipula- 
tion, ought indeed never to be forgot in a negoiiHlion 
for peace. France foresaw the exireme difficulties a 
formal and explicit acknowledgment might meet with. 
She knew by her own experience in similar contests in 
which she has been deeply concerned, respecting the 
republicks of Holland, Genoa, and the Swiss cantons, 
how tenacious monarchs are, and how repugnant to 
pronounce the humiliating formula. It was only ob- 
tained for Holland tacitly, after a war of thirty years ; 
and explicitly, after a resistance of seventy. To this 
day Genoa and the Swiss cantons have obtained no 
renunciation, nor acknowledgment, either tacit, or for- 
mal, from their former sovereigns. But they enjoy 
their sovereignly and independence only under the 
guarantee of France. His court thought it important 
to provide, that difficulties of this nature, which reside 
merely in words, should not delay or prevent America 
from enjoying the thing itself. From these considera- 
tions arose the very important and explicit stipulation 
in the treaty, which he has just now related, and which 
has received the sanction of the United States. The 
circumstances seem already such as call for the appli- 
cation of the alternative of tacit, or explicit acknow- 
ledgment. All these considerations therefore are 
mentioned, that Congress may, if (hey think proper, 
consider whether the literal execution of the treaty in 
this point is not become necessary, and whether the 



1779.] FOREIGN AFFAIRS. lti» 

safety and happiness of the American people, as well 
as the essential principles of the alliance, are not in- 
timately connected with the resolutions that may be 
taken on this subject. And it remains with the pru- 
U dence of Congress to examine whether instructions 
■ upon some particular conditions may not frustrate the 
salutary purpose of the treaty of alliance relative to a 
tacit acknowledgment which the situation of affairs 
may require. In thus executing, continued he, the 
orders I have received, I cannot omit observing, that 
these orders were given with the full presumption, that 
the business which I laid before Congress in February 
last would have been settled long before these des- 
patches should come to my hands. However sensibly 
my court will be disappointed in her expectations, I 
shall add nothing to the information and observations 
which with the warmest zeal for the interest and ho- 
nour of both countries, and by the duties of my office 
and my instructions, I found myself bound to deliver 
from lime to time to Congress, in the course of this 
business. The apprehension of giving new matter to 
those who endeavour to throw blame upon Congress, 
is a new motive for me to remain silent. I beg only 
to remind this honourable body of the aforesaid infor- 
mation and reflections, and particularly of those which 
I had the honour to deliver to an assembly similar to 
the present. I shall only insist on a single point, which 
I established then, and since in one of my memorials, 
namely, the manifest and striking necessity of enabling 
Spain, by the determination of just and moderate terms, 
to press upon England with her good offices, and to 
bring her mediation to an issue, in order that we mav 



200 SECRET JOURNAL. {July I4, 

knew whether we are to expect war or peace. This 
step is looked upon in Europe as immediately neces- 
sary. It was the proper object of the message I de- 
livered in February last. I established then the strong 
reasons which require, that at the same time and with- 
out delay, proper terms should be offered to his catho- 
lick majesty, in order to reconcile him perfectly to 
the American interest. I did not conceal, that it was 
to be feared, thai any condition incon?isient with the 
established form of the alliance, which is the binding 
and only law of the allies, and contrary to the line of 
conduct which Spain pursued in the course of her media- 
tion, would lend her to drop the mediation, and pre- 
vent his catholick majesty, by motives of honour and 
faithfulness, from joining in our common cause, and 
from completing the intended triumvirate. No loss, 
no unhappy event could be so heavy on the alliance as 
this. Indeed although the British forces are already 
kept in check by the combined efforts of France and 
America, it is nevertheless evident that the accession 
of Spain only can give to the alliance a decided supe- 
riority adequate to our purposes, and free us from the 
fatal chance that a single unlucky event may overturn 
the balance. 

The report and papers therein referred to being 
read. 

Ordered, That the same be taken into consideration 
on Thursday next. 



mo.] 



FOREIGN AFFAIRS. 



201 



JULY 17, 1779. 

Congress resumed the subject under debate the first 
of this month ; and the third proposition and the 
amendment being read, a motion was made by Mr. 
Huntington, seconded by Mr. Drayton, that the farther 
consideration thereof be postponed. 

On the question for postponing, the yeas and nays 
being required by Mr. Gerry — 



New Hampshire, 



Mr. Whipple, 
Mr. Peabody, 



No. 

No 



■] 



No. 



Massachusetts Bay, Mr. Gerry, 
Mr. Holten, 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 

Delaware, 

VOL. II. 



Mr. Marchant, 
Mr. Collins, 



No. 
No. 

No. 

No. 



No. 



No. 



Mr. Huntington, Ay. ) . 



Mr. Spencer, 

Mr. Jay, 
Mr. Diiane, 
Mr. Morris, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 



Ay.^ 

^y- vay 

Ay. r^' 
Ay.J 



Ay. 
Ay. 



Ay. 



Mr. Shippen, No. ^ 
Mr. Muhlenberg, Ay. V No. 
Mr. M'Lene, No. S 



Mr. Dickinson, 
Mr. Vandyke, 
Mr. M'Kean, 
26 



Ay. 
Ay. 
Ay. 



Ay. 



202 

Maryland, 

Virginia, 
North Carolina, 
South Carolina, 



SECRET JOURNAL. 



[July 17, 



Mr. Carmichael, Ay.) . 
Mr. Forbes, Ay. \ ^^' 



Mr. Smith, 
Mr. Griifin, 
Mr. Fleming, 

Mr. Penn, 
31 r. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 




No.) J. 
. > Divided. 



So it was resolved in the affirmative. 

The fourth proposition was then read, " That the 
" faith of Congress be pledged to the several states, 
" that, without their unanimous consent, no treaty of 
" commerce shall be formed with Great Britain pre- 
" vious to such stipulation." 

A motion was made by Mr. Huntington, seconded 
by Mr. M'Kean, to amend the latter part so as to read, 
" no treaty of commerce shall be entered into, or any 
" trade or commerce whatsoever carried on with Great 
" Britain, without an explicit stipulation on her part, 
" not to molest or disturb the inhabitants of the Unit- 
" ed States of America in taking fish on the banks of 
" Newfoundland, and other fisheries in the American 
" seas any where, excepting within the distance of 
" three leagues of the shores of the territories remain- 
" ing to Great Britain, at the close of the war, if a 
" nearer distance cannot be obtained by negotiation.'' 



1779.] 



FOREIGN AFFAIRS. 



205 



JULY 22, 1779. 

Congress proceeded in the consideration of the sub- 
f* ject under debate on the 17lh ; and on the question to 
agree to the amendment, 

Resolved in the affirmative. 

A motion was then made by Mr. Burke, seconded 
by Mr. Smith, (o strike out the words " without their 
" unanimous consent." 

And on the question. Shall those words stand, the 
yeas and nays being required by Mr. Gerry — 



New Hampshire, Mr. 
Mr. 

Massachusetts Bay, Mr. 
Mr. 
Mr. 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 



Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 

Mr. 
Mr. 
Mr. 



Whipple, 
Peabody, 

Gerry, 

Lovell, 
Holten, 

Marchant, 
Collins, 

Huntington, 
Spencer, 

Jay, 

Duane, 
Morris, 
Lewis, 

Fell, 
Houston, 

Armstrong, 
Shippen, 
Muhlenberg, 
M'Lene, 



Ay.) 



Ay. 



Ay. 



Ay.) 

Ay. 5 

Ay. 
Ay 



-.1 



Ay. 



Ay. 



Ay.^ 
Ay. f Av. 

AyJ 

Ay. 
Ay. 



Ay, 



AyO 
AyJ 



904 



SECRET JOURNAL. 



[July 22, 



Delaware, 
Maryland, 

Virginia, 

North Carolina, 

South Carolina, 



Mr. Dickinson, 
Mr. M-Kean, 



No. 
Ay. 



D 



IVIDED. 



Mr. Carraichael, No. ^ 
Mr. Henry, No.> No. 

Mr. Forbes, No. 3 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



No.) 
No.V No. 
No.) 

No.) 

No.V No. 
No.S 



Ay.) 
Ay. 5 



Ay, 



So it was resolved in the aflirmative. 

A motion was made by Mr. Burke, seconded by Mr. 
Dickinson, to amend the proposition by adding, " Pro- 
" vided, that this resolution shall not impede a treaty 
*' for concluding the present war." 

On the question to agree to this amendment, the 
yeas and nays being required by Mr. Burke — 



New Hampshire, Mr. Whipple, 
Ml. Peabody, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Hollen, 



No. 
No. 



No. 




Rhode Island, 
Connecticut, 



Mr. Collins, No. )>No. 

Mr. Huntington, No. ) ^^ 
Mr. Spencer, No. 5 ^^°' 



ml 



1779.] 

New York, 

New Jersey, 
Pennsylvania, 

1 Delaware, 
Maryland, 

Virginia, 

North Carolina, 

South Carolina, 



FOREIGN AFFAIRS. 

Mr. Jay, 
Mr. Diiane, 
Mr. Morris, 
Mr Lewis, 

Mr. Fell, 
Mr. Houston, 



SOS 



No.^ 

No. >N°- 
No.J 



No. 

No. 



Mr. Armstrong, No. 
Mr. Shippen, No. 
Mr. Muhlenberg, No. . 
Mr. M'Lene, No.J 



No. 



No. 



Mr. Dickinson, 
Mr. MKean, 



Ay 

N 



^' > Divided. 
0.5 



Mr. Carmichael, Ay. 
Mr. Henry, No. 

Mr. Forbes, No. 



No. 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Hewes, 

Mr. Laurens, 
Mr. Drayton, 



No.) 

No.VNo. 

No.^ 

Ay.) 

Ay. > Ay. 
No.S 



No. > 
No. i 



No. 



So it passed in the negative. 

A motion was then made by Mr. Smith, seconded by 
Mr. Burke, to add, "Provided this resolution shall not 
" be binding on any, unless a majority of the stales in 
" this union shall agree to make peace with Great Bri- 
" tain, according to the terms of the treaty of alliance 
" with France." 



206 



SECRET JOURNAL. 



[July 22, 



On the question to agree to this amendment, the 
yeas and nays being required by Mr. Smith — 



New Hampshire, Mr. Whipple, 
Mr. Peabody, 



Massachusetts Bay,Mr. Gerry, 

* Mr. Lovell, 

Mr. Holten, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 



Mr. Marchant, 
Mr. Collins, 

Mr. Huntington, 

Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 




No. 

No. 

No.^ 

No. 

Ay., 

No.J 

No. 
No. 

No. 



No. 






No. 



No. 



Mr. Armstrong, 

Mr. Muhlenberg, No. 

Mr. M'Lene, No. 



No. 



Mr. Dickinson, Ay. 

Mr. M-Kean, No. 

Mr. Carmichael, Ay. 

Mr. Ht'nry, No. 

Mr. Forbes, A) . ) 

Mr. Smith, Ay. ^ 

Mr. Griffin, Ay. > Ay. 

Mr. Fleming, Ay.) 
Mr. Randolph, excused. 



Divided. 



Ay. 



1779.] 



FOREIGN AFFAIRS. 



North Carolina, 



South Carolina, 



Mr. Penn, 
Mr. Burke, 
Mr. Hewes, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



Ay. r""' 



Ay.J 

No.) 
No. 5 



No. 



So it passed in the negative. 

On the question to agree to the proposition as 
amended, the yeas and nays being required by Mr. 
Forbes — 



New Hampshire, Mr. Peabody, Ay. )>Ay. 



Massachusetts Bay, Mr. 
Mr. 



Rhode Island, 
Connecticut, 

New York, 



New Jersey, 
Pennsylvania, 

Delaware, 



Gerry, 

Lovell, 

Holten, 



Mr. 

Mr. Marchant, 



Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 



Huntington, 
Spencer, 

Jay, 

Duanc, 
Morris, 
Lewis, 

Fell, 
Houston, 

Armstrong, 
Shippen, 
Muhlenberg, 
M'Lene, 

Dickinson, 

M'Kean, 



Ay. 
Ay. 



Av. 

)>Av. 

] Av. 



Ay.^ 



Ay. 

Ay. 



Ay.) 
Ay.) 

Ay. 5 



)>Av. 



Ay. 



Ay.) 



Ay, 

Ay.J 

No. I 
Ay. \ 



Divided. 



2SD8 SECRET JOURNAL. [July 24, 

So it was 

Resolved, That the faith of Congress be pledg- 
ed to the several states, that without their unani- 
mous consent, no treaty of commerce shall be entered 
into, or any trade or commerce whatever carried on 
with Great Britain, without an explicit stipulation on 
her part not to molest or disturb the inhabitants of the 
United States of Ameiica in taking fish on the banks 
of Newfoundland and other fisheries in the American 
seas any where, excepting within the distance of three 
leagues of the shores of the territories remaining to 
Great Britain at the close of the war, if a nearer dis- 
tance cannot be obtained by negotiation. 

JULY 24, 1779. 

Congress proceeded in the consideration of the sub- 
ject un-Jer debate the 22;) ; and a motion was made by 
Mr. Drayton, seconded by Mr. Burke, to reconsider 
the first proposition passed the 24lh June last, to the 
end that the description of the fishery therein may be 
altered- so as to agree with the description in the fourth 
proposition as passed on the 22d of this month. 

On tiie question. Shall the first proposition be re- 
considered, the yeas and nays being required by Mr. 
Dray ion — 



New Hampshire, Mr. Whipple, No. 
Mr. Pea body. No. 



No. 



Massachusetts Bay, Mr. Gerry, 

Mr. Lovell, No. )> No. 

Mr. Holten, 



1T79.] FOREIGN AFFAIRS. AM 

Rhode Island, Mr. M.trchant, No. } ^^ 

Mr. Collins, No. 5 ^^°* 

Connecticut, Mr. Huntington, No. } ^^ 

Mr. Spencer, No. 5 



New York, Mr. Jay, 

Mr. Diiane, 



No.^ 

No. I M 

No. r ^• 



Mf. Morris, ^,w. . 

Mr. Lewis, No. J 



New Jersey, Mr. Fell, 

Mr. Houston, 



t^No. 



Pennsylvania, Mr. Armstrong, No. i 

Mr. Muhlenberg, NoA No. 

Mr. M'Lene, No.) 

Delaware, Mr. Dickinson, excused. 

Mr. Vandyke, No. ) ^ 

Mr. Forbes, No. I '^^' 

Maryland, Mr. Henry, Ay. > . 

Mr. M'Kean, Ay. 5 ^'^' 

Virginia, Mr. Smith, Ay."^ 

Mr. Griffin, Ay. 1 ^^ 

Mr. Fleming, Ay. f 

Mr. Randolph, J 

North Carolina, Mr. Burke, 
Mr. Hcwes, 
Mr. Sharpe, 

South Carolina, Mr. Drayton, 

So it passed in the negative. 

A motion was made by Mr. Dickinson, seconded by 

Mr. Drayton, That it be resolved that the next pre- 
voL. n. 27 




9U^ 



SECRET JOURNAL. 



[July 24, 



ceding resolution is to be so understood, that if the 
fisheries therein described shall be etfectually secured 
to these sla^s by Great Britain, though not by the ex- 
press stipulation therein mentioned, these states will 
agree to a treaty of commerce with that kingdom on 
just and reasonable terms. 

When the question was about to be put, the previous 
question was moved by Mr. Kean, seconded by Mr. 
M'Lene. 

And on the question to agree to the previous ques- 
tion, the yeas and nays being required by Mr. Dray- 
ton — 



New Hampshire, Mr. 
Mr. 

Massachusetts Bay, Mr. 
Mr. 



Rhode Island, 
Connecticut, 
New York, 

Pennsylvania, 
Delaware, 



Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 



Whipple, 
Pea body, 

Lovell, 
Holten, 

M;irchant, 
Collins, 

Huntington, 
Spencer, 

Jay, 

Duane, 
Morris, 

Lewis, 

Armstrong, 
M'Lene, 

Dickinson, 

V;indyke, 
M'Kean, 



Ay.) 
Ay. 5 

Ay.) 
Ay.i 

Ay.) 

Ay. 5 

Ay.) 

Ay. 5 



Ay. 



Ay. 



Ay. 



Ay. 




1779.] FOREIGN AFFAIRS. »H 



Maryland, 


Mr. Henry, 
Mr. Forbes, 


N"' ^ No 


Virginia, 


Mr. Smith, 
Mr. GriHin, 
Mr. Fleming, 
Mr. Randolph, 


No.^ 

No. I Tsj 

No. ^N«- 

No._^ 


North Carolina, 


Mr. Ponn, 
Mr. Burke, 
Mr. Hewes, 


No.) 

No.V No, 
No.^ 


( South Carolina, 


Mr. Drayton, 


No. )>No. 



So it was carried in the affirmative, and the main 
question was set aside. 

JULY 29, 1779. 

The fifth proposition being read — 

On motion of Mr. Burke, seconded by Mr. Drayton, 

Resolved, That the consideration thereof be post- 
poned. 

On motion of Mr. M'Kean, seconded by Mr. Hun- 
tington, 

Resolved, That, if after a treaty of peace with 
Great Britain, she shall molest the citizens or inhabi- 
tants of any of the United States in taking fish on 
the banks and places described in the resolution passed 
the 22d day of July, instant, such molestation (being 
in the opinion of Congress a direct violation and 
breach of the peace) shall be a common cause of the 
said states ; and the force of the union be exerted to 
obtain redress for the parties injured. 



im 



SECRET JOURNAL. 



[July 24, 



On the question to agree to this, the yeas and nays 
being rpquirod b)' Mr. Smith — 



New Hampshire, 



Mr. Whipple, 
Mr. Peabody, 



t\'- 



Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 
Virginia, 




Mr. Marchant, 
Mr. Collins, 

Mr. Huntington, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 







^y- 1 Ay 



Mr. Armstrong, Ay."^ 

Mr. Searle, Ay. 

Mr. Muhlenberg, Ay. 

Mr. M'Lene, Ay.J 



Uy. 



Mr. Dickinson, Ay. ^ 

Mr. Vandyke, Ay. > Ay. 

Mr. M'Kean, Ay.) 

Mr. Carmichael, No.^ 

Mr. Henry, No.S No. 

Mr. Forbes, No. 3 

Mr. Smith, No. ^ 

Mr. Fleming, No. V Noo 

Mr. Randolph, No. 3 



1T79.] 



FOREIGN AFFAIRS. 



213 



North Carolina, 


Mr. Penn, 


No.^ 

No. 




Mr. Harnet, 




Mr. Burke, 


No. VNo 




Ml. Hewes, 


No. 




Mr. Sharpe, 


No.^ 


South Carolina, 


Mr. Laurens, 


No.) 




Mr. Mathews, 


No.VNo 




Mr. Drayton, 


No.> 



So it was resolved in the affirmative. 



JULY 31, 1779. 

The subject being again resumed, a motion was 
made by Mr. Gerry, seconded by Mr. Marchant, to 
take into consideration the third proposition, which was 
postponed on the 17th instant. 

And on the question to agree to this, the yeas and 
nays being required by Mr. Gerry — 



New Hampshire, 



Mr. Whipple, 
Mr. Peabody, 



Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island, 
Connecticut, 
New York, 



Mr. Marchant, 
Mr. Collins, 

Mr. Huntington, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 



Ay. 



Ay. 



Ay. 



Ay. 



No. 




214 SECRET JOURNAL. [July 3i, 

New Jersey, Mr. Fell, 

Mr. Houston, 

Pennsylvania, Mr. Armstrong, 

Mr. Shippen, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M-Lene, 

Delaware, Mr. Dickinson, 

Mr. Vandyke, 
Mr. M'Kean, 

Maryland, Mr. Carmichael, No. ^ 

Mr. Henry, No. V No. 

Mr. Forbes, No.) 

Virginia, Mr. Smith, 

Mr. Fleming, 
Mr. Randolph, 

North Carolina, Mr. Penn, 
Mr. Harnet, 
Mr. Burke, 
Mr. Hewes, 
Mr, Sharpe, 

South Carolina, Mr. Laurens, 
Mr. Mathews, 
Mr. Drayton, 

So it passed in the negative. 

Congress then proceeded to the consideration of the 
report of the committee on the letter from Mr. Lee, 
and the communications of the minister of France ; and 
the preliminary article being read, viz. " That pre- 
" vious to any treaty, or negotiation for peace, the 
" liberty, sovereignty, and independence of these 
'^ United States, as well in matters of government as 




a77».j 



FOREIGN AFFAIRS. 



ft» 



" of commerce, be acknowledged on the part of Great 
" Britain"— 

A motion was made by Mr, Burke, seconded by Mr. 
Duane, after the word " acknowledged," to insert the 
words '* or tacitly assured." 

And on the question to agree to this amendment, the 
yeas and nays being required by Mr. Gerry — 



New Hampshire, Mr. Whipple, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Mr. Marchant, 
Mr. Collins, 



>No. 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 
Pennsylvania. 

Delaware, 
Maryland, 
Virginia, 




Mr 
Mr 



No. I ^°- 

. Huntington, No. } j^^ 
. Spencer, No. 5 



Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Lewis, 



^y- Iav 

No. p^* 
AyJ 



Mr. Fell, 

Mr. Houston, 



Ay. I T3 

No. 5^ 

rong, No.^ 

No. [^^ 

nberg, No. f 
No.J 

No. > T^ 
No.po. 



IVIDEDr 



Mr. Armstrong, No. 
Mr. Searle 

Mr. Muhlenberg, ^w. , 
Mr. M'Lene, No.J 



Mr. Vandyke, 
Mr. M'Kean, 



Mr. Carmichael, Ay. ^ . 

Mr. Forbes, Ay. 5 

Mr. Smith, Ay.^ 

Mr. Fleming, Ay.V Av. 

Mr. Randolph, Ay. ^ 




aie SECRET JOURNAL. [Aug. 2, 

North Carolina, Mr. Penn, 
Mr. Htriiet, 
Mr. Burke, 
Mr. H'wes, 
Mr. Sharpe, 

South Carolina, Mr. Laurens, No. i 

Mr. Mathews, No, J No. 
Mr. Drayton, Ay.) 

So it passed in the negative* 



AUGUST 2, 1779. 

The committee, consisting of Mr. S. Huntington, Mr. 
Morris, Mr. Laurens, Mr. Smith, and Mr. M'Kean, to 
whom was referred a memorial of the minister plenipo- 
tentiary of France of the 26th July, with sundry papers 
relating thereto, and who were authorized to confer 
with the president and supreme executive council of 
Pennsylvania, the minister and consul of France, and 
directed to prepare and report a state of facts, together 
with their opinion of the measures proper to adopt 
thereupon, report — 

That they have considered the several papers refer- 
red to them ; and agreeably to the authority given, had 
held a conference thereon with the president and su- 
preme executive council of Pennsylvania and the minis- 
ter plenipotentiary of France. That it would consume 
much time to prepare and report a full state of facts, 
and procrastinate the determinations of Congress, 
which the exigency of affairs will not properly admit 
of, they therefore pray the indulgence of the house 



1779.3 FOREIGN AFFAIRS. 217 

to confine themselves to those things only which arc 
of more immediate importance ; and they report, 

1. That they are fully convinced the charges made 
against the consul of France in the Pennsylvania pack- 
et of the 24th July, 1779, are unjust and ill grounded. 

2. That the president and supreme executive coun- 
cil of Pennsylvania have already taken measures to ob- 
tain and restore the flour taken from the said consul, 
and mentioned in the said publication. 

3. That the said president and council have assured 
It the committee of their solicitude to do every thing 

in their power to redress the matters contained in the 
said memorial. 

4. That the persons who have been guilty of the 
violences and insults complained of are not known to 
the laws and constitution of Pennsylvania, as having 
any legal authority. 

5. That by the said laws are punishable, as well vio- 
lences and insults against the laws of nations, as those 
against the laws of property and personal freedom. 

6. That individuals in the several states may be led 
to question not only the authority, but even the oflice 
of foreign consuls, from the defect of a due notification 
thereof to the executive powers of the said states re- 
spectively. And 

7. That it appears proper to give to the minister of 
France full and explicit assurances of protection for 
the servants of his most christian majesty. 

VOL. 11. 28 



218 SECRET JOURNAL. [Aug, 4, 



AUGUST 3, 1779. 

Congress resumed the consideration of the prelimi- 
nary article ; and on motion of Mr. Burke, seconded 
by Mr. Duane, 

Resolved, That the word " acknowledged" be ex- 
punged ; and that in lieu thereof the word " assured" 
be inserted. And that after " Great Britain" be 
inserted the words, " agreeable to the eighth article 
"of the treaty of alliance between his most christian 
" majesty and these United States." 

And on the question, 

Resolved, n. d. c. That previous to "any treaty, of 
negotiation for peace, the liberty, sovereignty, and in- 
dependence, absolute and unlimited, of these United 
States, as well in matters of government, as of com- 
merce, shall be assured on the part of Great Britain, 
agreeable to the treaty of alliance between his most 
christian majesty and the United States. 

And if the same shall be done. 

Resolved, That the minister or ministers of these 
United Slates assist at, and contract and stipulate in 
such negotiation for peace, as may be set on foot 
under the mediation of his catholick majesty, or other- 
wise. 

AUGUST 4, 1779. 

Resolved, That a committee of five be appointed 
to prepare instructions for the minister plenipotentiary 



1779] FOREIGN AFFAIRS. 219 

of these United States to be appointed for negoliaiing 
a trnaty of peace. 

The members — Mr. Morris, Mr. Laurens, Mr. Hiin- 
■ j tington, Mr. Dicicinson, and Mr. M'Kcan. 

AUGUST 5, 1779. 

Congress resumed the consideration of the report ol 
the committee on the letters from Mr. Lee, and com- 
munications of the minister of France. And on mo- 
tion of Mr. M'Kcan, seconded by Mr. Morris, 

Resolved, That so much of the said report as re- 
lates to the obtaining a subsidy from Spain be post- 
poned. 

A motion was then made by Mr. M'Kcan, seconded 
by Mr. Morris, 

That, if contrary to the humane wishes of the United 
States, Great Britain should obstinately persist in the 
prosecution of the present unjust war, the minister ple- 
nipotentiary of these United States be instructed and 
empowered to consult on, prepare and conclude, with 
the ministers of his most christian and of his catholick 
majesty, a treaty or treaties, ofiensive and defensive ; 
in which offensive treaty, nevertheless, he shall insert, 
on the part of these states, a proper article or articles 
for obtaining Canada, Nova Scotia, and the islands ol" 
Bermuda; and an equal share in, and full acknow- 
ledgment of, the equal common right of these states to 
the fisheries. 



220 



SECRET JOURNAL. 



[Aug. 5, 



A motion was made by Mr. Mathews, seconded by 
Mr. Burke, after the word " Bermuda," to insert " the 
" FloriJas." 

On the question to agree to this amendment, the 
yeas and nays being required by Mr. Mathews — 



New Hampshire, Mr. Whipple, 
Mr. Peabody, 

Massachusetts Bay, Mr. Lovcll, 
Mr. Holtcn, 



Ay, I 

Ay. 5 



Ay. 



Rhode Island, 

Connecticut, 
New York, 

New Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 
Virginia, 



t\'- 



Mr. Marchant, 
Mr. Collins, 



Ay. 

No. 



Divided. 



Mr. Huntington, No. > ^r 
Mr. Spencer, No. 5 



Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Houston, 

Mr. Armstrong, 
Mr. Atlee, 
Mr. Searle, 
Mr. M'Lene, 

Mr. Vandyke, 
Mr. M'Kean, 



» * > Divided. 

^y- 1 Ay 

Ay.^ 
A^ U. 

Ay. f 

Ay.J 



Ay. 

Ay. 



Ay. 



Mr. Carmichael, No. ) ^^J 

Mr. Forbes, No. 5 ^^°* 

Mr. Smith, Ay. ^ 

Mr. Fleming, Ay. > Ay. 

Mr. Randolph, Ay.^ 



1779.] 



FOREIGN AFFAIRS. 



221 



North Carolina- 



South Carolina, 



Mr. Penn, 
Mr. Harnet, 
Mr. Burke, 
Mr. Hewes, 

Mr. Laurens, 
Mr. Maihews, 
Mr. Drayton, 




So it was resolved in the affirmative. 

A motion was made by Mr. Smith, seconded by Mr. 
Burke, to insert after " Floridas," the words " the free 
" navigation of the river Mississippi." 

On the question to agree to this amendment, the 
yeas and nays being required by Mr. Smith — 



New Hampshire, Mr. Whipple, 



Massachusetts Bay, Mr. 
Mr. 



Rhode Island, 
Connecticut, 
New York, 
New Jersey, 
Pennsylvania, 



Mr. 
Mr. 

Mr. 

Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 



Lovell, 
Holten, 

Marchant, 
Collins, 

Huntington, 
Spencer, 

Morris, 
Lewis, 

Scudder, 
Houston, 

Armstrong, 
Atlee, 
Searle, 
M'Lene, 



IVIDED^ 



>No. 

No. 5 ^ 

■kZ" i Divided. 

N0.> XT 

No.^N^- 

^y-lAv 





222 SECRET JOURNAL. [Aug. '7, 

Delaware, Mr. Vandyke, Ay. ) . 

Mr. M'Kean, Ay. 5 '^^' 

Maryland, Mr. Carmichael, No. ) ^ 

Mr. Forbes, No. \ ^^"' 

Virginia, Mr. Smith, Ay. ^ 

Mr. Fleming, Ay. > Av. 

Mr. Randolph, Ay. 3 

North Carolina, Mr. Penn, Ay.^ 

Mr. Harnet, Ay. K ^ 

Mr. Burke, Ay. f 
Mr. Hewes, 

South Carolina, Mr. Laurens, 
Mr. Mfi thews, 
Mr. Drayton, 

So it was resolved in the affirmative. 



AUGUST 7, 1779. 

Congress resumed the consideration of the propo- 
sition under debate on the 5th; and the same, as 
amended, being set aside by the previous question, a 
motion was made by Mr. Morris, seconded by Mr. 
Burke, 

That, if contrary to the humane wishes of the 
United States, Great Britain should obstinately persist 
in the prosecution of the present unjust war, the minis- 
ter of these United States be empowered and directed to 
solicit a subsidy from his catholick majesty, and to con- 
sult with the ministers of the said king and of his most 
christian majesty, and with them prepare such article 
or articles of treaty, as the situation and conjuncture 



1779.] 



FOREIGN AFFAIRS. 



223 



of affairs may render necessary ; and transmit the 
same to Congress for their consideration. 

After debate, a motion was made by Mr. Burke, 
seconded by Mr. Morris, to strike out the words '• and 
" of his most christian majesty, and with them prepare 
" such article or articles as the situation and conjuncture 
" of affairs may render necessary," and in lieu thereof 
to insert, " on the consideration which he may be wil- 
" ling to receive from the United States in return for 
" such subsidy." And on the question, Shall the 
words moved to be struck out, stand, the vote passed in 
the negative. 

On the question, Shall the words moved, be inserted^ 
the yeas and nays being required by Mr. Gerry — 



New Hampshire, Mr. Peabody, 

Massachusetts Bay, Mr. Gerry, 
Mr. Holten, 



Rhode Island, 
Connecticut, 
New York, 

New Jersey, 

Pennsylvania, 



Mr. Marchant, 
Mr. Collins, 



>Nq. 

No. > M 

No. 



No. 
No. 



Mr. Huntington, Ay. \ . . 
Mr. Spencer, Ay. 5 



Mr. Jay, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 
Mr. Houston, 



Ay.) 

Ay.VAv. 
Ay.S 

Ay.) 

Ay.Uv. 
Ay. ) 



Mr. Shippen, Ay."| 

Mr. Atlcc, Ay. I . 

Mr. Muhlenberg, Ay. f ' 
.Mr. M'Lcnc, Ay. J 



Delaware, 
Maryland, 

Virginia, 
North Carolina, 

South Carolina, 



SECRET JOURNAL. [Aug. 14, 

Mr. M'Kean, >»Ay. 

Mr. Carmichael, Ay. ) . 

Mr. Forbes, Ay. 5 ^^' 



Mr. Smith, 
Mr. Fleming, 
Mr. Randolph, 

Mr. Penn, 
Mr. Harnet, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Mathews, 
Mr. Drayton, 



Ay. 



AyO 




So it was resolved in the affirmative. 



AUGUST 13, 1779. 

The committee appointed to prepare instructions for 
the minister plenipotentiary of the United States to be 
appointed for negotiating a peace, brought in a draft 
which was taken into consideration, and debated by 
paragraphs. 

AUGUST 14, 1779. 

Congress proceeded in the consideration of the in- 
structions to the minister to be appointed for negotiat- 
ing a peace ; and unanimously agreed to the following 



1779.] FOREIGN AFFAIRS. fjft 

draft of instructions to the commissioner to be ap- 
pointed to negotiate a treaty of peace with Great 
Britain. 

SIR, 

You will herewith receive a commission, giving you 
full power to negotiate a treaty of peace with Great 
Britain, in doing which you will conform to the follow- 
ing information and instructions. 

1. The United States are sincerely desirous of 
peace, and wish by every means, consistent with their 
dignity and safety, to spare the further eftusion of blood. 
They have, therefore, by your commission and these 
instructions, laboured to remove the obstacles to that 
event, before the enemy have evidenced their disposi- 
tion for it. But as the great object of the present de- 
fensive war on the part of the allies, is to establish the 
independence of the United States, and as any treaty 
whereby this end cannot be obtained must be only os- 
tensible and illusory, you are, therefore, to make it a 
preliminary article to any negotiation, that Great Britain 
shall agree to treat with the United States as sovereign, 
free, and independent. 

2. You shall take especial care also, that the inde- 
pendence of the said states be etroclually assured and 
confirmed by the treaty or treaties of peace, according 
to the form and effect of the treaty of alliance with his 
most christian majesty. And you shall not agree to 
such treaty or treaties, unless the same be thereby so 
assured and confirmed. 

3. The boundaries of these slates are as follows, 
viz. These states are bounded north, by a line to be 

VOL. ri. 99 



SS« SECRET JOURNAL. [Aug. 14, 

drawn from the north-west angle of Nova Scotia along 
the highlands which divide those rivers which empty 
themselves into the river St. Lawrence, from those 
which fall into the Atlanlick ocean,to the north-western- 
most head of Connecticut river ; thenre down along the 
middle of that river to the forty-fifth degree of north 
latitude; thence due west in the latitude forty-five de- 
grees north from the equator to the north-westernmost 
side of the river St. Lawrence or Cadaraqui ; thence 
straight to the south end of Nepissing ; and thence 
straight to the source of the river Mississippi : west, by 
a line to be drawn along the middle of the river Missis- 
sippi from its source to where the said line shall inter- 
sect the thirty-first degree of north latitude : south, by 
a line to be drawn due east from the termination of the 
line last "vnenttoned in the latitude of thirty-one degrees 
north from the equator to the middle of the river Appa- 
lachicola, or Catahouchi ; thence along the middle 
thereof to its junction with the Flint river ; thence straight 
to the head of St. Mary's river; and thence down 
along the middle of St. Mary's river to the Atlantick 
ocean : and east, by a line to be drawn along the middle 
of St. John's river from its source to its mouth in the 
bay of Fundy, comprehending all islands within twenty 
leagues of any part of the shores of the United States, 
and lying between lines to be drawn due east from the 
points where the aforesaid boundaries between Nova 
Scotia on the one part, and East Florida on the other 
part, shall respectively touch the bay of Fundy and 
Atlantick ocean. You are, therefore, strongly to con- 
tend that the whole of the said countries and islands 
lying within the boundaries aforesaid, and every cita- 



1779.] FOREIGN AFFAIRS. 227 

del, fort, post, place, harbour and road to them belong- 
ing, be absolutely evacuated by the land and sea forces 
of his Britannick majesty, and yielded to the powers 
of the states to which they respectively belong, in such 
situation as they may be at the termination of the war. 
But, notwithstanding the clear right of these states, and 
the importance of the object, yet they are so much in- 
fluenced by the dictates of religion and humanity, and 
so desirous of complying with the earnest request of 
their allies, that if the line to be drawn from the mouth 
of the lake Nepissing to the head of the Mississippi 
cannot be obtained without continuing the war for that 
purpose, you are hereby empowered to agree to some 
other line between that point and the river Mississippi ; 
provided the same shall in no part thereof be to the 
southward of latitude forty-five degrees north. And in 
like manner, if the eastern boundary above described 
cannot be obtained, you are hereby empowered to 
agree, that the same shall be afterwards adjusted, by 
commissioners to be duly appointed for that purpose, 
according to such line as shall be by them settled and 
agreed on, as the boundary between that part of the 
state of Massachusetts Bay, formerly called the province 
of Maine, and the colony of Nova Scotia, agreeably to 
their respective rights. And you may also consent, 
that the enemy shall destroy such fortifications as they 
may have erected. 

4. Although it is of the utmost importance to the 
peace and commerce of the United States that Canada 
and Nova Scotia should be ceded, and more particu- 
larly that their equal common right to the fisheries 
should be guarantied to themj yet a desire of terminal- 



228 SECRET JOURNAL. [Aug. 14, 

ing the war has induced us not to make the acquisition 
of these objects an ultimatum on the present occasion. 

5. You are empowered to agree to a cessation of 
hostilities during the negotiation ; provided our ally 
shall consent to the same ; and provided it shall be 
8ti[)ul;Ued that all the forces of the enemy shall be im- 
mediately withdrawn from the United States. 

6. In all other matters not abovementioned, you 
are to govern yourself by the alliance between his most 
christian majesty and these states ; by the advice of 
our allies ; by your knowledge of our interests ; and by 
your own discretion, in which we repose the fullest 
confidence. 

In debating the preliminary article, on Friday the 
13th, a motion was made by Mr. Burke, seconded by 
Mr. Randolph, after the words " as sovereign, free and 
" independefit," to add, " if an express acknowledg- 
" ment of the said independence shall be absolutely 
" refused by the king of Great Britain." And on the 
question to agree to this amendment, the yeas and nays 
being required by Mr. Burke — 

New Hampshire, Mr. Whipple, No. ) ^^j 
Mr. Peabody, No. 5^°* 

Massachusetts Bay, Mr. Gerry, No. ) 

Mr. Lovell, Ay.V At. 

Mr. Holten, Ay.) 

Rhode Island, Mr. Marchant, No. 1 

Mr. Collins, No. \ 

Connecticut, Mr. Huntington, No.V 

Mr. Spencer, No.V 

Mr. Root, No.V 



1T79.] 

New York, 
New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 
North Carolina, 

South Carolina, 



FOREIGN ATFAIRS. 

Mr. Jay, 
Mr. Morris, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 
Mr. Houston, 

Mr. Atlee, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. Wynkoop, 

Mr. M'Kean, 

Mr. Carmichael, 
Mr. Forbes, 

Mr. Smith, 
Mr. Fleming, 
Mr. Randolph, 

Mr. Harnet, 
Mr. Burke, 
Mr. He.wes, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Mathews, 



No.) 
No.V No. 

No.) 

No.) 
NoA No. 
Ay.S 




)>Na. 




No. 
No. 



So it passed in the negative. 

Congress likewise agreed to the following draft of 
instructions to the commissioner to be appointed to 
negotiate a treaty of commerce with Great Britain. 



SIR, 



You will herewith receive a commission, giving you 
full power to negotiate a treaty of commerce with Great 



230 SECRET JOURNAL. [Aug. I4, 

Britain, in doing which you will consider yourself bound 
by the following information and instructions : 

1. You will govern yourself principally by the treaty 
of commerce with his most christian majesty ; and as, 
on the one hand, you shall grant no privilege to Great 
Britain not granted by that treaty to France, so, on the 
other, you shall not consent to any peculiar restrictions 
or limitations whatever in favour of Great Britain. 

2. In order that you may be the better able to act 
with propriety on this occasion, it is necessary for you 
to know, that we have determined, 1st, that the common 
right of fishing shall in no case be given up ; 2d, that 
it is essential to the welfare of all these United States, 
that the inhabitants thereof, at the expiration of the 
war, should continue to enjoy the free and undisturbed 
exercise of their common right to fish on the banks of 
Newfoundland, and the other fishing banks and seas of 
North America, preserving inviolate the treaties be- 
tween F' ranee and the said states ; 3d, that application 
shall be made to his most christian majesty to agree to 
some article or articles for the better securing to these 
states a share in the said fisheries; 4tl), that if, after a 
treaty of peace with Great Britain, she shall molest the 
citizens or inhabitants of any of the United States, in 
taking fish on the banks and places hereinafter describ- 
ed, such molestation being in our opinion a direct vio- 
lation and breach of the peace, shall be a common cause 
of the said states, and the force of the union be exerted 
to obtain redress for the parties injured ; and 5th, that 
our faith be pledged to the several states, that, without 
their unanimous consent, no treaty of commerce shall 
be entered into, nor any trade or commerce carried on 



1779.] FOREIGN AFFAIRS. 2Si 

with Great Britain, without the explicit stipulation 
hereinafter mentioned. You are therefore not to con- 
sent to any treaty of commerce with Great Britain with- 
out an explicit stipulation on her part, not to molest or 
disturb the inhabitants of the United States of America 
in taking fish on the banks of Newfoundland and other 
fisheries in the American seas any where, excepting 
within the distance of three leagues of the shores of the 
territories remaining to Great Britain at the close of the 
war, if a nearer distance cannot be obtained by nego- 
tiation. And in the negotiation you are to exert your 
most strenuous endeavours to obtain a nearer distance 
to the gulf of St. Lawrence, and particularly along the 
shores of Nova Scotia, as to which latter we are desir- 
ous that even the shores may be occasionally used for 
the purpose of carrying on the fisheries by the inhabi- 
tants of these states. 

3. In all other matters you are to govern yourself 
by your own discretion, as shall be most for the interest 
of these states, taking care that the said treaty be 
founded on principles of equality and reciprocity, so as 
to conduce to the mutual advantage of both nations, 
but not to the exclusion of others. 

On the question to agree to the above draft of in- 
structions, the yeas and nays being required by Mr. 
Scudder — 

New Hampshire, Mr. Peabody, )>No. 

Massachusetts Bay, Mr. Lovell, Ay. > ^ 

Mr. Holten, Ay. I ^ 

Rhode Island, Mr. Marchant, Ay.) ^k 

Mr. Collins, No. S 



Connecticut, 

New York, 

New Jersey, 

Pennsylvania, 
Maryland, 

Virginia, 

North Carolina, 



SECRET JOURNAL. 

Mr. Spencer, 
Mr. Root, 

Mr. Jay, 
Mr. Morris, 



[Aug. 14, 



Ay. 5 



Mr. Scudder, 
Mr. Houston, 



Mr. Muhlenberg, J^Av. 

. Carmichael, No. ) -k^t 
. Forbes, No. 5 



IVIDED. 



Mr 
Mr 



Mr. Smith, 
Mr. Fleming, 
Mr. Randolph, 

Mr. Penn, 
Mr. Harnet, 
Mr. Hewes, 




South Carolina, Mr. Mathews, 

So it was resolved in the affirmative. 

Congress farther agreed to the following draft of 
instructions to the minister plenipotentiary of the Unit- 
ed States at the court of France. 

SIR, 

Having determined, in order to put a period to the 
present war conformably to the humane dispositions 
which sway the allied powers, that we would not insist 
on a direct acknowledgment by Great Britain of our 
right in the fisheries, this important matter is liable to 
an incertitude which may be dangerous to the political 
and commercial interests of the United States ; we 
have therefore agreed and resolved, that our right 



1779.] FOREIGN AFFAIRS. 233 

should, in no case, be given up ; that we would not 
form any treaty of commerce with Great Britain, nor 
carry on any trade or commerce whatsoever with her, 
unless she shall make an express stipulation on that 
subject ; and that, if she shall, aflcr a treaty of peace, 
disturb the inhabitants of these states in the exercise 
of it, we will make it a common cause to obtain re- 
dress for the parties injured. But notwithstanding the 
precautions, as Great Britain may again light up the 
flames of war, and use our exercise of the fisheries as 
her pretext ; and since some doubts may arise, whether 
this object is so effectually guarded by the treaty of al- 
liance with his most christian majesty, that any moles- 
tation therein on the part of Great Britain is to be con- 
sidered as a casus federis, you are to endeavour to obtain 
of his majesty an explanation on that subject upon the 
principle, that notwithstanding the high confidence re- 
posed in his wisdom and justice, yet considering the 
uncertainty of human affairs, and how doubts may be 
afterwards raised in the breasts of his royal succes- 
sors, the great importance of the fisheries renders the 
citizens of these states very solicitous to obtain his ma- 
jesty's sense with relation to them, as the best security 
against the ambition and rapacity of the British court. 
For this purpose, you will propose the following arti- 
cle, in which nevertheless such alterations may be 
made, as the circumstances and situation of affairs 
shall render convenient and proper. Should the same 
be agreed to and executed, you are immediately to 
transmit a copy thereof to our minister at the court of 
Spain. 

VOL. II. 30 



234 SECRET JOURNAL. [Aug. 14, 

Whereas by the treaty of alliance between the most 
christian king; and the United States of North Ame- 
rica, the two parties guaranty mutually from that time, 
and for ever, against all other powers, to wit : The 
United States to his most christian majesty, the pos- 
sessions then appertaining to the crown of France in 
America, as well as those which it may acquire by the 
future treaty of peace ; and his most christian majesty 
guaranties, on his part, to the United States, their li- 
berty, sovereignty, and independence, absolute and 
unlimited, as well in matters of government as com- 
merce, and also their possessions, and the additions or 
conquests that their confederation might obtain during 
the war, according to the said treaty ; and the said 
parties did further agree and declare, that, in case of 
a rupture between France and England, the said re- 
ciprocal guarantee should have its full force and effect, 
the moment such war should break out : and whereas 
doubts may hereafter arise how far the said guaran- 
tee extends to this case, to wit: That Great Britain 
should molest or disturb the subjects and inhabitants 
of France, or of the said states, in taking fish on 
the banks of Newfoundland, and other the fishing 
banks and seas of North America, formerly and usually 
frequented by the subjects and inhabitants respective- 
ly : And whereas the said king, and the United Slates 
have thought proper to determine with precision the 
true intent and meaning of the said guarantee in this 
respect : Now therefore, as a further demonstration of 
their mutual good will and affection, it is hereby agreed, 
concluded and determined as follows, to wit : That if, 
after the conclusion of the treaty or treaties which 



1779.] FOREIGN AFFAIRS. i^ 

shall terminate the present war, Great Britain shall 
molest or disturb the subjects or inhabilunts of the 
said United States in taking fish on the banks, seas and 
places formerly used and frequented by them, so as 
not to encroach on the territorial rights which may 
remain to her after the termination of the present war 
as aforesaid ; and war should thereupon break out be- 
tween the said United States and Great Britain; or if 
Great Britain shall molest or disturb the subjects and 
inhabitants of France in taking fish on the banks, seas 
and places formerly used and frequented by them, so 
as not to encroach on the territorial rights of Great 
Britain as aforesaid, and war should thereupon break 
out between France and Great Britain ; in either of 
those cases of war as aforesaid, his most christian ma- 
jesty and the said United States shall make it a com- 
mon cause, and aid each other mutually with their 
good ofliccs, their counsels, and their forces, accord- 
ing to the exigence of conjunctures, as becomes good 
and fiiithfiil allies : Provided always, that nothing 
herein contained shall be taken or understood as con- 
trary to, or inconsistent with, the true intent and mean- 
ing of the treaties already subsisting between his most 
christian majesty and the said states ; but the same 
shall be taken and understood as explanatory of, and 
conformable to those treaties. 

On debating these instructions by paragraphs, when 
the question was about to be put to agree to this 
clause, the yeas and nays being required by Mr. 
Smith-^ 

New Hampshire. Mr. Pcahody, )>Ay. 



SECRET JOURNAL. 



[Sept. 3, 



Massachusetts Bay, Mr. Lovell, 
Mr. Holten, 



Virginia, 

North Carolina, 
South Carolina, 



Ay. I ^^• 



Ay. 

Ay. 

'I Ay. 
)>Ay. 



Mr. Forbes, Ay. ^ '*^^* 

Mr. Smith, No. ^ 

Mr. Fleming, No.> No. 

Mr. Randolph, No.) 



Rhode Island, 


Mr. Marchant, 

Mr. Collins, 


Ay. 
Ay. 


Connecticut, 


Mr. Spencer, 
Mr. Root, 


Ay. 

Ay. 


New York, 


Mr. Jay, 
Mr. Morris, 


Ay. 
Ay. 


New Jersey, 


Mr. Scudder, 
Mr. Houston, 


Ay. 
Ay. 


Pennsylvania, 


Mr. Muhlenberg, 




Maryland, 


Mr. Carmichael, 


Ay. 



Mr. Harnet, 
Mr. Mathews, 



)>No.X 
)>Ay. 



So it was resolved in the affirmative. 



SEPTEMBER 3, 1779. 

The honourable sieur Gerard, minister plenipoten- 
tiary of France, having communicated to Congress a 
copy of the speech with which he means to take 
leave of Congress — 

Ordered, That it be referred to a committee of three 
to prepare an answer. The members — Mr. Dickin- 
son, Mr. Paca, Mr. Laurens. 



1779.] FOREIGN AFFAIRS. 2^ 

On motion of Mr. Scudder, seconded by Mr. Pa- 
ca — 

Whereas the honourable sieur Gerard, the first 
minister plenipotentiary to these United States, hath 
before, as well as since their treaty with France, uni- 
formly, ably, and zealously promoted the objects of the 
alliance and the welfare of both nations : 

Resolved, That the committee do request Mr. Ge- 
rard to sit for his picture before he leaves this city ; 
and that the same be placed in the council chamber 
of the United States. 

SEPTEMBER 4, 1779. 

The committee, consisting of Mr. Drayton, Mr. 
M'Kean, Mr. Marchant, Mr. Randolph, and Mr. Hen- 
ry, to whom was referred a letter of July 6, 1779, 
from William Bingham, report — • 

That the two cases mentioned in the said letter ap- 
pear as follows : 

1. Elisha Gaine, a native and citizen of the state of 
Connecticut, on the fifth day of October last, sailed 
from Matchepungo inlet, in the state of Virginia, as 
master of the sloop Kitty, belonging to Messrs. Edward 
Curtis, Isaac and Thoroughgood Smith and company, 
inhabitants and citizens of Virginia aforesaid. The 
sloop was cleared out for St. Domingo, but the owners 
ordered him to proceed to Bermudas, to procure a load 
of salt. A master and part of a crew embarked on 
board of the said sloop, for Bermudas, to take charge 
of a vessel which his owners had built there. Bad 
weather and contrary winds induced him to bear away 



23ft SECRET JOURNAL. [Srfpf. 4, 

away for St. Eustatia ; and in that course, an the 22d 
of November, he fell in with an armed sloop of eight 
gans, which gave him chase under English colours, and 
which he believed to be a British privateer. This in- 
duced him to throw overboard a letter he had from 
his owner, directed to a merchant in Bermudas, which 
he had orders to do if closely pursued. When the 
privateer came up with him, she fired under French 
colours, upon vvhirh he immediately hove to, thinking 
her to belor)g to subjects of his most christian mnjesty. 
He was brought on board the privateer, with hrs mate, 
a mariner, and a passenger, and carried to Basseterre 
in Guadaloupe ; and there he and his crew were thrown 
into gaol, kept in the closest confinement, and his 
sloop was tried and condemned as lawful prize, in the 
court of admiralty ; and the vessel and cargo sold for 
the benefit of the captors. William Bingham, agent 
for the United States at Martinique, complained of this 
proceeding to the count D'Arband. governour general 
of Basseterre, Guadaloupe, in a letter dated Decem- 
ber 8, 1778. The governour, in his answer ot the 
18th of the same month, justifies the sentence of the 
court of admiralty, and alleges, that the reasons on 
which the same was grounded, to wit: the throwing pa- 
pers overboard, and having two blank passports, were 
sufficient. 

2. Mr. Benjamin Putnam, a native and citizen of 
the stale of Massachusetts Bay, embarked on board 
an American privateer, which was captured by the 
enemy, and carried into Antigua, where he and the 
rest of the crew were confined as prisoners of war. 
lie made his escape from prison, and lay some time 



1779.] FOREIGN AFFAIRS. 289 

concealed in the town of St. Johns; and at length cut 
a sloop out of the harbour ; and in her arrived, with 
anottier American prisoner, and thirteen negroes, and 
sundry articles of cargo, at Point a Petre, Guadaloupe. 
A few days after his arrival there, the govcrnour of An- 
tigua sent a Hag of truce to reclaim the vessel, negroes, 
&c. in virtue of an agreement entered into between 
some of the French and British governours of the West 
India islands, stipulating that no privateer, or armed 
vessel, belongwig to either government committed to 
their care should make any incursion or descent for 
the purposes of robbing, burning, plundering or car- 
rying off negro slaves, or other property, on pain that 
such vessel should have her commission vacated, the 
plundered effects restored, and the penalty bond pro- 
secuted. The count D'Arband accordingly restored 
the prize, and confined Mr. Putnam in close prison two 
weeks ; but afterwards, upon the remonstrance of Wil- 
liam Bingham, esquire, he sent Mr. Putnam and three 
of the negroes to him, at Martinique. It appears that 
Mr. Putnam has addressed the cou/it D'Esiaing on this 
transaction, who in a letter to Mr. Putnam, dated on 
board the Languedoc, June 8, 1779, politely promises 
him, that, if he will solicit the king for restitution, lie, 
the count, will, with great pleasure, join in endeavour- 
ing to obtain it. 

Upon the first case, as above stated, the committee 
are of opinion, that, by a resolve of Congress, the 
subjects of any of the United States have a right to 
trade with the inhabitants of Bermudas ; and that by 
throwing any paper overboard, other than passports, 
bills of lading, invoices, or other ship papers, no for- 



I 



S4§ SECRET JOURNAL. [Sept. 4, 

feiture of vessel or cargo can legally ensue : And, 
upon the whole, that there appears to them no suffi- 
cient grounds for the condemnation of the sloop Kitty 
and her cargo, in the court of admiralty of Guada- 
loupe. 

Upon the second case as above stated, the commit- 
tee are of opinion, that, by the resolves of Congress 
and the laws of nations, Benjamin Putnam, and the 
other persons who cut the vessel out of the harbour of 
St. Johns in Antigua, and carried her and the negro 
slaves on board to Basseterre in Guadaloupe, had a 
right to them, and that no agreement between the go- 
vernours of the French and British islands, in such case 
as this, could affect any other persons than the sub- 
jects of the contracting parties, which will appear evi- 
dently to be the meaning of the recited agreement it- 
self, which is restrained to vessels belonging to either 
government, committed to their care ; and the penalty 
is the having their commissions vacated, the plundered 
effects restored, and the penalty bond prosecuted, 
which is totally inapplicable to Americans, or persons 
not belonging to their governments, and who had not 
obtained commissions from them, or under their re- 
spective sovereigns ; and of course, that the releasing 
of this vessel and the negroes, by the governour of 
Guadaloupe, and causing them to be delivered up to 
the governour of Antigua, was unwarrantable and in- 
consistent wiih treaties subsistinj; between his most 
christian majesty and these United States : Where- 
upon, 

Resolved, That a representation of the beforemen- 
tioned cases be made to the minister plenipotentiary 



1779.] FOREIGN AFFAIRS. S41 

of his moBt christian majesty to these stales, in order 
that redress and restitution may be made to the parties 
aggrieved, in such mariner as may be consistent with 
justice and the laws of nations. 



SEPTEMBER 6, 1779. 

The committee appointed to prepare an answer to 
the speech of the honourable sieur Gerard, minister 
plenipotentiary of France, brought in a draft which 
was read, and on the 7ih the same was agreed to. 

SEPTEMBER 9, 1779. 

Congress resumed the consideration of the motion 
made on the 7th August. After debate. 

Resolved, That the further consideration thereof be 
postponed. 

A motion was then made by Mr. Dickinson, second- 
ed by Mr. Mathews, as follows : 

That if his catholick majesty shall determine to take 
part with France and the United States of America, in 
such case, the minister plenipotentiary of these United 
States be empowered, in their names, to conclude with 
the most christian and catholick kings, a treaty or 
treaties, thereby assuring to these states, Canada, 
Nova Scotia, Bermudas, and the Fioridas, when con- 
quered, and the free and full exercise of the common 
right of these states to the fisheries on the banks of 
Newfoundland and the other fishing banks and seas of 
North America ; and also the free navigation of the 
Mississippi into the sea. That the said minister be 
vnt. 11. 31 



242 SECRET JOURNAL. [Sept. 9, 

instructed to endeavour by all means in his power to 
procure the assurance of the said countries and navi- 
gation to these states ; hut if his catholick majesty 
shall positively insist upon the Floridas being ceded 
to him, and upon the exclusive navigation of the Mis- 
sissippi from that part thereof which lies in latitude 
thirty-one degrees north from the equator to its mouth ; 
in such cases, the said minister be instructed to agree 
to such propositions, to assent to mutual guarantees, to 
wit, of the Floridas and the navigation aforesaid to the 
king of Spain; and of Canada, Nova Scotia, Bermu- 
das and the fisheries aforesaid to these states ; and to 
procure, if possible, the establishment of a free com- 
merce for the inhabitants of these states with some 
port or ports on the said river below the said degree 
of latitude, except for such articles as may be in the 
treaty particularly enumerated. That the said minis- 
ter be instructed, that it is not the desire of Congress 
to continue the war for the acquisition of the countries 
beforementioned ; and therefore, if his calholick ma- 
jesty shall obtain the Floridas from Great Britain, by 
cession, or by war, with, or without the assistance of 
these states, they will guaranty the same to his ma- 
jesty ; but that, in such case, the said minister be in- 
structed to endeavour strenuously to obtain for these 
states the assurance of the fisheries and commerce 
aforesaid. That the said minister be instructed to pro- 
cure an article to be inserted, contracting for the deli- 
very of masts for the royal navy of Spain, at some 
convenient port or ports in these states ; providing 
therein, that no greater quantity be stipulated for than 
these states can spare with convenience to themselves. 



4 



1779.] FOREIGN AFFAIRS. 243 

That the said minister be instructed to endeavour, by 
all tire means in his power, to procure from his calho- 
lick majesty the annual payment, to these states, of a 
certain sum of money, either in compensation for thcii 
exertions, or for the equivalent beforementioncd. 



SEPTEMBER 10, 1779. 

After debate, on motion of Mr. Huntington, second- 
ed by Mr. Smith, 

Resolved, That the further consideration of the 
propositions moved yesterday be postponed. 

A motion was then made by Mr. Huntington, se- 
conded by Mr. Smith, as follows : 

Whereas by the treaties subsisting between his 
most christian majesty and the United States of Ame- 
rica, a power is reserved to his catholick majesty " to 
" accede to the said treaties, and to participate in their 
" stipulations, at such time as he shall judge proper; 
" it being well understood, nevertheless, that, if any of 
" the stipulations of the said treaties are not agreeable 
" to the king of Spain, his catholick majesty may pro- 
" pose other conditions analagous to the principal aim 
" of the alliance, and conformable to the rules of equa- 
" lity, reciprocity and friendship :" And whereas, 
should his catholick majesty accede to the said trea- 
ties without any alteration, he must be under the ne- 
cessity of renouncing forever all claims to the posses- 
sion of the Floridas, of the utmost consequence to his 
kingdom, and more particularly to his American domi- 
nions : In order, therefore, that nothing may be wanting 
on the part of these states to further a treaty of alii- 



tM SECRfiT JOURNAL. [Sept. 10, 

ance and of amity and commerce with his catholick 
majesty, consistent with the engagements of the said 
states, and agreeable to his most christian majesty 
their ally, 

Resolved, That if his catholick majesty shall accede 
to the said treaties, and in concurrence with France 
and the United States of America, continue the present 
war with Great Britain, for the purposes expressed iit 
the treaties aforesaid, he shall not thereby be preclud- 
ed from securing to himself the Floridas : On the con- 
trary, if he shall think proper to attack them, these 
United States will aid and assist his catholick majesty 
in such enterprise with such provisions and naval 
stores as shall be required by his catholick majesty, 
and can be furnished by these states ; and if his catho- 
lick majesty shall obtain the Floridas from Great Bri- 
tain by cession, or by war, with or without the assis- 
tance of the allies, these United States will guaranty 
the same to his catholick majesty : Provided always, 
that his catholick majesty shall grant to the United 
States the free navigation of the river Mississippi, into 
the sea, and establish on the said river, at or some- 
where southward of the thirty-first degree north lati- 
tude, a free port or ports, under such regulations and 
restriclions as shall be agreed on between the minister 
plenipotentiary of his catholick majesty and the Unit- 
ed States : and provided, also, that his catholick ma- 
jesty shall pay to the United States, as a subsidy, a 
present sum not less than and a fur- 

ther annual sum of during the con- 

tinuance of the present war. and for the term of 
years. 



1779.] FORKIGN AFFAIRS. 24a 

The motion being read, Congress look inio conside- 
ration the resolution therein contained ; and after 
debate adjourned. 



SEPTEMBER 11, 1779. 

Congress resumed the consideration of the resolu- 
tion, which, after debate, was agreed to. 

Congress then proceeded to the consideration of the 
provisos. And a motion was made by Mr. M'Kean 
to amend the first proviso, by striking out "and" 
after the words, " into the sea," and in lieu thereof 
inserting " or." 

SEPTEMBER 17, 1779. 

A motion was made to extend the amendment by 
striking out " and," and what follows to the end of the 
first proviso. 

The question put, 

Passed in the affirmative ; and the words were struck 
out. 

A motion was then made by Mr. Smith, seconded by 
Mr. Sharp, in lieu of the words struck out to insert, 
" and some convenient port or ports, on the said river 
" below the thirty-first degree north latitude, free for 
" all merchant vessels, goods, wares, and merchandise, 
" except for such articles as may be enumerated and 
" agreed upon as contraband." 

On the question to insert those words, the yeas and 
nays being required by Mr. Smith — 

New Hampshire, Mr. Peabody. )>Av. 



246 

MassachascUs 



SECRET JOURNAL. [Sept. 17, 

:Us Bay, Mr. Holten, No. ) ^^^ 

Mr. Partridge, No. 5 

Rhode Island, Mr. Collins, )>No. 



Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 



Delaware, 

Maryland, 

Virginia, 



North Carolina, 
South Carolina, 



Mr. Huntington, No.^ 
Mr. Root, No. V No. 

Mr. Spencer, No. 3 



Mr. Jay, 

Mr. Lewis, 



^y- 1 Ay 

Ay. I ^^' 



Mr. Witherspoon, ^No. 

Mr. Armstrong, No.^ 
Mr. Shippen, No. I ,-. 

■H./W A,l A >DlVIDED. 

Mr. Atlee, Ay. f 

Mr. Muhlenberg, Ay. J 



Mr. Dickinson, ^'No. 

Mr. Forbes, No. 

Mr. Jenifer, No. 

Mr. Smith, 
Mr. Fleming, 
Mr. Griffin, 
Mr. Mercer, 
Mr. Fitzhugh, 

Mr. Harnet, 

Mr. Sharpe, Ay 

Mr. Laurens, No. 
Mr. Mathews, No. 



No. 



AyO 

Ay. 

Ay. )»Ay. 

Ay. 

Ay.J 



No. 



So it passed in the negative. 
On motion, 

Resolved, That the remaining part of the first pro- 
viso be amended by striking out the words, " His ca- 



1779.] FOREIGN AFFAIRS. 247 

" tholick majesty shall grant to ;" and after " slates," 
inserting " shall enjoy," so that it read, " Provided 
" always, that the United States shall enjoy the free 
"navigation of the river Mississippi into and from the 
"sea." 

On motion of Mr. Mathews, seconded by Mr. Hun- 
tington, 

Resolved, That the second proviso be postponed. 

On motion of Mr. Gerry, seconded by Mr. Smilh, 

Resolved, That the resolution passed on Saturday 
last be reconsidered. 

On motion of Mr. Mathews, seconded by Mr. 
Smith, 

Resolved, That the resolution be amended by strik- 
ing out the words, " think proper to attack them, these 
" United States will aid and assist his catholick majes- 
" ty in such enterprise with such provisions and naval 
" stores as shall be required by his catholick majesty, 
" and can be furnished by these states ; and if his catho- 
" lick majesty shall ;" also the words " by cession, or 
" by war, with or without the assistance of the allies ;'' 
so that it read, " on the contrary, if he shall obtain the 
" Floridas from Great Britain, these United States will 
"guaranty the same to his catholick majesty." 

On the question to agree to the whole as amended, 
the yeas and nays being required by Mr. Jay — 

New Hampshire, Mr. Peabody, ^Ay. 

Massachusetts Bay, Mr. Gerry, 

Mr. Holten, Ay.} At. 

Mr. Partridge, 



24^ 

Rhode Island, 

Connecticut, 

New York, 

Pennsjlvania, 

Maryland, 

Virginia, 

North Carolina, 
South Carolina, 



SECRET JOURNAL 
Mr. Collins, 
Mr. Root, 



[Seji)t. 17, 

J>No. 

No. 5 No. 

Mr. Armstrong, Ay. ) . 
Mr. Muhlenberg, Ay. 5 



Mr. Jay, 
Mr. Lewis, 



Mr. Carraichael, No. > j^ 
Mr. Jenifer, No. 5 



Mr. Smith, 
Mr. Fleming, 
Mr. J. Mercer, 
Mr. Fitzhugh, 

Mr. Harnet, 
Mr. Sharpe, 

Mr. Mathews, 



Ay.^ 

Ay.J 



So it was resolved as follows : 

Whereas by the treaties subsisting between his most 
christian majesty and the United States of America, a 
power is reserved to his cntholick majesty to accede to 
the said treaties, and to participate in their stipulations 
at such time as he shall judge proper; it being well 
understood, nevertheless, that if any of the stipulations 
of the said treaties are not agreeable to the king of 
Spain, his catholick majesty may propose other condi- 
tions analagous to the principal aim of the alliance, 
and conformable to the rules of equality, reciprocity 
and friendship : And whereas, should his catholick 
majesty accede to the said treaties without any altera- 
tion, he must be under the necessity of renouncing; for- 



1779.] FOREIGN AFFAIRS. MS 

ever all claims to the possession of the Floridas, of 
the utmost consequence to his kingdom, and more par- 
ticularly to his American dominions. In order, there- 
fore, that nothing may be wanting on the part of these 
states to further a treaty of alliance, and of amity and 
commerce with his catholick majesty consistent with 
the engagements of the said states, and agreeable to 
his most christian majesty their ally : 

Resolved, That if his catholick majesty shall accede 
to the said treaties, and in concurrence with France 
and the United Statesof America, continue the present 
war with Great Britain for the purpose expressed in 
the treaties aforesaid, he shall not be thereby preclud- 
ed from securing to himself the Floridas : On the con- 
trary, if he shall obtain the Floridas from Great Bri- 
tain, these United States will guaranty the same to his 
catholick majesty: Provided always, that the United 
States shall enjoy the free navigation of the river Mis- 
sissippi into and from the sea. 

Resolved, That a committee be appointed to prepare 
instructions conformable to the foregoing resolution. 

The members chosen — Mr. Smith, Mr. Mathews, 
Mr. Gerry. 

The honourable sieur Gerard, minister plenipoten- 
tiary of France, having on the 15th desired an audi- 
ence in the course of this week, in order that he might 
take his leave ; and Congress having assigned this day 
for granting him a private audience, but in full Con- 
gress, for the purpose, the minister was introduced by 
Mr. Laurens and Mr. Jenifer, and took his leave in a 
speech of which the following is a translation. 
[See th« publick jounial.] 
VOL. II. 32 



250 SECRET JOURNAL. [Sept, 25, 

Congress also agreed, unanimously, to the following 
letter to his most christian majesty. 



«REAT, FAITHFUL, AND BELOVED FRIEND AND ALLY, 

The conduct of your majesty's minister, the sieur 
Gerard, during his residence in America, has been in 
every respect so commendable, that we cannot forbear 
testifying to your majesty our sense of his merit, with- 
out feeling that uneasiness which arises from a neglect 
of the obligations of justice. His behaviour appears 
to us to have been uniformly regulated by devotion to 
your majesty's dignity and interest and an adherence 
to the terms and principles of the alliance, while at 
the same time he demonstrated his attachment to the 
honour and prosperity. Thus serving his sovereign, 
he acquired our entire confidence and esteem, and has 
evinced your royal wisdom in selecting a person so 
properly qualified to be the first minister sent to the 
United States of America. 

That the Supreme Ruler of the Universe may bestow 
all happiness on your majesty, is the prayer of your 
faithful and affectionate friends and allies. 

Done at Philadelphia, the seventeenth day of Sep- 
tember, 1779. By the Congress of the United States 
of America. 

(Signed) JOHN JAY, President. 

Charles Thomson, Secretaryc 

SEPTEMBER 25, 1779. 

Congress resumed the consideration of their foreign 
affairs. 



1779.] 



rOllEIGN AFFAIR!:. 



2.71 



A motion was made by Mr. Mathews, seconded by 
Mr. Gerry, 

That Congress will not appoint any person, being 
a member of Congress, to any office under the United 
States, for which he, or another for him, is to receive 
any salary, fees, or emolument of any kind. 

A motion was made by Mr. Pcabody, seconded by 
Mr. Gerry, 

That after the words " a member of Congress," be 
inserted, " or within nine months after he shall he a 
" member of Congress." And on the question to 
agree to this amendment, the yeas and nays being re- 
quired by Mr. Peabody — 



New Hampshire, Mr. Peabody, 

Massachusetts Bay, Mr. Gerry, 
Mr. Lovell, 



Ay.) 

Ay. 5 



>At. 
Ay. 



Rhode Island, 
Connecticut, 
New York, 
New Jersey, 
Pennsylvania, 

Maryland, 



Mr. Marchant, 
Mr. Collins, 

Mr. Huntington, 
Mr. Root, 

Mr. Jay, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Atlee, 



No.? M 
No.5^«' 



No 

N 



Ay. 

Ay. 

No. 
No. 

No.^ 

Ay. 
No. 



Ay. 



No. 



No. 



Mr. Muhlenberg, No.J 

Mr. Paca, No. ^ 

Mr. Forbes, No. > No. 

Mr. Jenifer, 



SECRET JOURNAL. 



[Sept. 26, 



Virginia, 

Nortlj Carolina, 
South Carolina, 



Mr. Smith, No."^ 

Mr. Griffin, No. I ^ 

Mr. Mercer, No. f^^' 

Mr. Fitzhugh, No.J 



Mr. Harnet, 
Mr. Hewes, 
Mr. Sharpe, 




Mr. Laurens, 
Mr. Mathews, 



No. 
Ay. 



Divided. 



So it passed in the negative. 

When the main question was about to be put, the 
previous question was moved by Mr. Smith, seconded 
by Mr. Laurens ; and on the question to agree to the 
previous question, the yeas and nays being required 
by Mr. Laurens — 



New Hampshire, 


Mr. Peabody, 


>No. 


Massachusetts Bay 


, Mr. Gerry, 
Mr. Lovell, 


t^No. 


Rhode Island, 


Mr. Marchant, 


aI.I- 




Mr. Collins, 


Connecticut, 


Mr. Huntington, 
Mr. Root, 


irj- 


New York, 


Mr. Jay, 
Mr. Lewis, 


^^•?Ay 
Ay.J^^' 


New Jersey, 


Mr. Fell, 
Mr. Houston, 


A^'?A^- 
Ay. 5 


Pennsylvania, 


Mr. Armstrong, 
Mr. Shippen, 
Mr. Atlee, 
Mr. Muhlenberg, 


^y- Iay 
Ay. f A^- 

Ay.j 




1779.] FOREIGN AFFAIRS. iSB 

Maryland, Mr. Paca, 

Mr. Forbes, Ay. } Ay. 

Mr. Jenifer, 

Virginia, Mr. Smitii, 

Mr. Griffin, 
Mr. Mercer, 
Mr. Fitzhugh, 

North Carolina, Mr. Harnet, 

Mr. Hewes, ^y•^ Ay. 

Mr. Sharpe, 

South Carolina, Mr. Laurens, Ay. > r^ 

Mr. Mathews, No. J ^^^»'*^°- 

So it was resolved in the affirmative, and the main 
question was set aside. 

Resolved, That Congress proceed tomorrow to the 
election of a proper person for negotiating a treaty of 
peace, and that persons be immediately put in nomi- 
nation : 

Whereupon, Mr. John Adams was nominated by Mr. 
Laurens, Mr. J. Jay, by Mr. Smith. 

SEPTEMBER 26, 1779. 

According to order. Congress proceeded to the elec- 
tion of a minister plenipotentiary for negotiating a 
treaty of peace ; and the ballots being taken and count- 
ed, no election was made. 

Congress proceeded again to ballot ; and the votes 
being counted, no election was made. 

On motion, 

Resolved, That the election be postponed. 

On motion of Mr. Smith, seconded by Mr. Paca, 

Resolved, That a minister plenipotentiary be ap- 



254 



SECRET JOURNAL, 



[Sept. 26, 



pointed to negotiate a treaty of alliance and of amity 
and commerce between the United States of America 
and his catholick majesty. 

On the question to agree to this, the yeas and nays 
having been required by Mr. Marchant — 



New Hampshire, Mr. Peabody, 

Massachusetts Bay, Mr. Gerry; 
Mr. Lovell, 
Mr. Partridge, 



)>No. 



Rhode Island, 
Connecticut, 
New York, 
New Jersey. 
Pennsylvania, 

Delaware, 

Maryland, 

Virginia, 



Mr. Marchant, 
Mr. Collins, 




IVIDED. 



Mr. Huntington, Ay. ) . 
Mr. Root, Ay. 5 ^^''• 



Mr. Jay, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 



^y* I Ay 



Ay.) 

Ay. 5 



Ay. 



Mr. Armstrong, No.^ 
Mr.Shippen, No. I j^ 

Mr. Atlee, Ay. f ^^^ 

Mr. Muhlenberg, Ay.J 



IDED. 



Mr. M'Kean, 



>No. 



Mr. Paca, Ay."^ 

Mr. Carmichael, Ay. I i 

Mr. Forbes, Ay. f^ 

Mr. Jenifer, Ay.J 



Mr. Smith, 


Ay."l 

Ay. 


Mr. Griffin, 


Mr. Fleming, 


Ay. )>Ay. 


Mr. Mercer, 


Ay. 
Ay.j 


Mr. Fitzhugh, 



1779.] FOREIGN AFFAIRS. S65 

North Carolina, Mr. Harnct, Ay. J 

Mr. Hewes, ^y*/ Av. 

Mr. Sharpc, 3 

South Carolina, Mr. Laurens, Ay. > . 

Mr. Mathews, Ay. 5 '* 

So it was resolved in the affirnnative. 

Congress then proceeded to the nomination of a 
minister plenipotentiary to negotiate a treaty of al- 
liance, and of amity and commerce between the United 
States of America and his catholick majesty ; when 
Mr. Arthur Lee was nominated by Mr. Laurens, Mr. 
John Adams by Mr. Paca, Mr. John Jay by Mr. 
Mercer. 



SEPTEMBER 27, 1779. 

On motion. 

Resolved, That the resolution passed yesterday, 
relative to the appointment of a minister plenipoten- 
tiary, &:c. be reconsidered. 

On motion of Mr. Huntington, seconded by Mr. 
Gerry, 

Resolved, That after the word " plenipotentiary," 
be inserted, " in lieu of a commissioner." 

On the question to agree to the resolution as amend- 
ed, the yeas and nays being required by Mr. Pcabody, 

New Hampshire, Mr. Pcabody, No. ^ ^ 
Mr. Langdon, No. ^ 

Massachusetts Bay, Mr. Gerry, Ay."^ 

Mr. Lovcll, No. I r» 

TAT TT 1. \ >UlVIDEB. 

Mr. Holten, Ay. 

Mr. Partridge, No. 



256 

Rhode Island, 

Connecticut, 

New York, 

New Jersey, 

Pennsylvania, 



SECRET JOURNAL. 

Mr. Marchant, 
Mr. Collins, 

Mr. Huntington, 
Mr. Root, 

Mr. Jay, 
Mr. Lewis, 

Mr. Fell, 
Mr. Houston, 



Maryland, 



Virginia, 



North Carolina, 



South Carolina, 



No. 
Ay 



[Sept. 27, 
* > Divided. 



^y- 1 Av 



Ay. 
Ay. 

Ay.? 
Ay. 5 



Ay. 



Ay. 



Mr. Armstrong, No.'^ 

Mr. Shippen, No. I 

Mr. Atlee, 

Mr. Searle, 

Mr. Muhlenberg, Ay. I 

Mr. Wynkoop, Ay. J 



tJ' >Divided. 
No. f 



Mr. Paca, Ay."^ 

Mr. Carmichael, Ay. 
Mr. Forbes, 
Mr. Jenifer, 

Mr. Smith, 
Mr. Griffin, 
Mr. Mercer, 
Mr. Fitzhugh, 

Mr. Harnet, 
Mr. Hewes, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Mathews, 




Divided. 



So it was 

Resolved, That a minister plenipotentiary in 
lieu of a commissioner, be appointed to negotiate a 
treaty of alliance and of amity and commerce between 
fhe United States of America and his catholick majesty. 

Consjress then proceeded to an election ; and thp 



1779.J FOREIGN AFFAIRS. 2S7 

ballots being taken, Mr. John Jay was elected minister 
plenipotentiary to negotiate a treaty of alliance and of 
amity and commerce between the United States of 
America and his catholick majesty. 

Mr. John Adams was elected minister plenipoten- 
tiary for negotiating a treaty of peace, and a treaty of 
commerce with Great Britain. 



SEPTEMBER 28, 1779. 

On motion, 

Resolved, That tomorrow be assigned for the ap- 
pointment of a secretary for the minister plenipoten- 
tiary at the court of Versailles, and for each of the 
ministers who are to negotiate treaties with the courts 
of Spain and Great Britain. 

The following gentlemen were put in nomination. 

For the minister plenipotentiary to negotiate a treaty 
of alliance and a treaty of commerce and amity with 
Spain, 

Mr. William Carmichael, by Mr. Flewes. 

For the minister plenipotentiary to negotiate a treaty 
of peace, and a treaty of commerce with Great Britain, 

Mr. John Trumbull, by Mr. Laurens. 

Mr. Jonathan Trumbull, jun. by Mr. Holten, 

Mr. Francis Dana, by Mr. Peabody. 

For the minister plenipotentiary at the court of Ver- 
sailles, 

Mr. Peter Scull, by Mr. Atlee. 

Mr, John Laurens, by Mr. Gerry. 

The committee, consisting of Mr. Dickinson, Mr. 
Morris, and Mr. Marchant,~appointed to prepare drafts 
VOL. II. 33 



258 SECRET JOURNAL. [Sept. 28, 

of commissions, reported the same, which were 
agreed to as follows : 

For the minister plenipotentiary to negotiate a treaty 
of peace. 

The Delegates of the United States of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware, Maryland, Vii-ginia, 
North Carolina, South Carolina, and Georgia — To 
to all who shall see these presents, send greeting. 

It being probable that a negotiation will soon be 
commenced for putting an end to the hostilities be- 
tween his most christian majesty and these United 
States, on the one part, and his Britannick majesty on 
the other part ; and it being the sincere desire of the 
United States that they may be terminated by a peace, 
founded on such solid and equitable principles as rea- 
sonably to promise a permanency of the blessings of 
tranquillity : Know ye, therefore. That we, confiding 
in the integrity, prudence and ability of have 

nominated and constituted, and by these presents do 
nominate and constitute hira the said our 

minister plenipotentiary, giving him full power, gene- 
ral and special, to act in that quality, to confer, treat, 
agree and conclude, with the ambassadors or pleni- 
potentiaries of his most christian majesty, and of his 
Britannick majesty, and those of any other princes or 
states whom it may concern, vested with equal powers, 
relating to the re-establishment of peace and friend- 
ship ; and whatever shall be so agreed and concluded^ 



1779.] FOREIGN AFFAIRS. 259 

for US, and in our name to sign, and thereupon lo make 
a treaty or treaties, and to transact every (hiiig that 
may be necessary for completing, securing and 
strengthening the great work of pacifiration, in as am- 
ple form, and with the same effect, as if we were per- 
sonally present and acted ihereiu ; hereby promising, 
in good faith, that we will accr pt, ratify, fulfil and exe- 
cute whatever shnll be agreed, concluded and signed 
by our said minister plenipotentiary ; and that we will 
never act nor suffer any person to act contrary lo the 
same, in whole or in any part. In witness whereof 
we have caused these presents to be given in Con- 
gress, at Philadelphia, the day of in the year 
of our Lord, 1779, and in the fourth year of the in- 
dependence of the United States of America. Signed 
by the President, and sealed with his seal. 

For the minister plenipotentiary to negotiate a treaty 
of amity and commerce with Great Britain. 

The Delegates of the United Stales of New Hamp- 
shire, &:c. in Congress assembled — To all who shall 
see these presents, send greeting. 

It being the desire of the United States, that the 
peace which may be established between them and 
his Britannick majesty may be permanent, and accom- 
panied with the mutual benefits derived from com- 
merce : Know ye, therefore. That we, confiding in 
the integrity, prudence and ability of have 

nominated and constituted, and by these presents do 
nominate and constitute him the said our 

minister plenipotentiary, giving him full power, ge- 
neral and special, to act in that quality, to confer. 



260 SECRET JOURNAL. [Sept. 28, 

agree and conclude with the ambassador or plenipo- 
tentiary of his Britannick majesty, vested with equal 
powers, ol and concerning a treaty of commerce ; and 
whatever shall be so agreed and concluded for us and. 
in our name, to sign, and thereupon make a treaty of 
commerce ; and to transact every thing that may be 
necessary for completing, securing and strengthening 
the same, in as ample form, and with the same effect, 
as if we were personally present and acted therein ; 
hereby promising, in good faith, that we will accept, 
ratify, fulfil and execute whatever shall be agreed, 
concluded and signed by our said minister plenipoten- 
tiary ; and that we will never act, nor suffer any per- 
son to act, contrary to the same, in whole or in part. 
In witness whereof we have caused these presents 
to be given in Congress, at Philadelphia, the day 
of in the year of our Lord, 1779, and in the 

fourth year of the independence of the United States 
of America. Signed by the President, and sealed 
with his seal. 

Resolved, That a committee of three be appointed 
to prepare the draft of a commission for the minister 
plenipotentiary aj:)pointed to negotiate a treaty of ami- 
ty and commerce and of alliance between the United 
States of America and his catholick majesty. 

The members — Mr. Paca, Mr. Mathews, and Mr. 
Gerry. 

Ordered, That the said committee prepare the draft 
of a commission for the secretaries to be appointed. 

Resolved, That a committee of three be appointed 
to ref rt proper salaries for the ministers plenipoten- 
tiary and their secretaries, respectively. 



1779.] FOREIGN AFFAIRS. 3«r» 

The- members — Mr. Mathews, Mr. Gerry, and Mr. 
Root. 

Congress proceeded to tho election of secretaries ; 
and the ballots being taken, Mr. William Carmichael 
was elected secretary to the minister plenipotentiary to 
negotiate a treaty of amity and commerce and of al- 
liance with the court of Spain. 

Mr. Francis Dana, secretary to the minister pleni- 
potentiary to negotiate a treaty of peace and a treaty 
of commerce with Great Britain. 

Lieutenant colonel John Laurens, secretary to the 
minister plenipotentiary of the United States at the 
court of Versailles. 

The committee, consisting of Mr. Smith, Mr. Ma- 
thews, Mr. Gerry, appointed to prepare instructions 
to the minister for negotiating with the court of Spain, 
having brought in a draft, the same was agreed to as 
follows : 

Instructions to the minister plenipotentiary for nego- 
tiating with the court of Spain. 

SIR, 

By the treaties subsisting between his most chris- 
tian majesty and the United States of America, a 
power is reserved to his catholick majesty to accede to 
the said treaties, and to participate in their stipulations, 
at such time as he shall judge proper, it being well un- 
derstood, neverlheless, that if any of the stipulations 
of the said treaties are not agreeable to the court of 
Spain, his catholick majesty may propose oihcr condi- 
tions analogous to the principal aim of the alliance, and 
conformable to the rules of equality, reciprocity and 



262 SECRET JOURNAL. [Sept; 28, 

friendship. Congress is sensible of the friendly re- 
gard to these states manifested by his most christian 
majesty, in reserving a power to his catholick majesty 
of acceding to the alliance entered into between his 
most christian majesty and these United States ; and 
therefore, that nothing may be wanting on their part 
to facilitate the views of his most christian majesty, 
and to obtain a treaty of alliance and of amity and 
commerce with his catholick majesty, have thought 
proper to anticipate any propositions which his catho- 
lick majesty might make on that subject, by yielding 
up to him those objects which they conclude he may 
have principally in view ; and for that purpose have 
come to the following resolution : 

That if his catholick majesty shall accede to the 
said treaties, and, in concurrence with France and the 
United Slates of America, continue the present war 
with Great Britain for the purpose expressed in 
the treaties aforesaid, he shall not thereby be pre- 
cluded from securing to himself the Floridas : On the 
contrary, if he shall obtain the Floridas from Great 
Britain, these United States will guaranty the same 
to his catholick majesty: Provided always, that the 
United States shall enjoy the free navigation of the 
I'iver Mississipjii into and from the sea. 

You are therefore to communicate to his most chris- 
tian majesty, the desire of Congress to enter into a 
treaty of alliance and of amity and commerce with his 
catholick majesty, and to request his favourable inter- 
position for that purpose. At the same time, you are 
to make such proposal to his catholick majesty, as in 



i 



1779.] FOREIGN AFFAIRS. 263 

your judgment, from circumstances, will be proper 
for obtaining for the United States of America equal 
advantages with those which are secured to them by 
\ the treaties with his most christian majesty ; observing 
always the resolution aforesaid as the ultimatum of the 
United States. 

You are particularly to endeavour to obtain some 
convenient port or ports below the thirty-first degree 
of north latitude, on the river Mississippi, for all mer- 
chant vessels, goods, wares and merchandises belong- 
ing to the inhabitants of these states. 

The distressed state of our finances and the great 
depreciation of our paper money inclined Congress to 
hope that his catholick majesty, if he shall conclude a 
treaty with these states, will be induced to lend them 
money: You are therefore, to represent to him the 
great distress of these states on that account, and to 
solicit a loan of five millions of dollars upon the best 
terms in your power, not exceeding six per centum 
per annum, effectually to enable them to co-operate 
with the allies against the common enemy. But be- 
fore you make any propositions to his catholick majes- 
ty for a loan, you are to endeavour to obtain a subsidy 
in consideration of the guarantee aforesaid. 

The committee appointed to prepare a commission 
for the minister plenipotentiary to negotiate a treaty of 
amity and commerce, and of alliance with his catholick 
majesty, brought in a draft which was agreed to as 
follows : 1/ 



» i 



• # 



264 SECRET JOURNAL. [Sept. 28, 

FORM OF A COMMISSION, &LC. 

The Delegates of the United States of New Hamp- 
shire, &c. in Congress assembled — To all who shall 
see these presents, send greeting. 

Whereas an intercourse between the subjects of his 
catholick majesty and the citizens of the United States, 
founded on the principles of equality, reciprocity and 
friendship, may be of mutual advantage to both na- 
tions : and it being the sincere desire of the United 
States to enter into a treaty of alliance and of amity 
and commerce with his catholick majesty : Know ye, 
THEREFORE, That we, confiding in the integrity, pru- 
dence and ability of have nominated and con- 
stituted, and by these presents do nominate and con- 
stitute him the said our minister plenipo- 
ter.tiary, giving him full power, general and special, 
to act in that quality, to confer, treat, agree and con- 
clude with the ambassador or plenipotentiary of his 
catholick majesty vested with equal powers, of and 
concerning a treaty of amity and commerce, and of 
alliance ; and wh.itever shall be so agreed and con- 
cluded for us and in our names, to sign, and thereupon 
make such treaty or treaties, conventions or agree- 
ments, as he shall judge conformable to the ends we 
have in view, in as ample form, and with the same ef- 
fect, as if we were personally present and acted there- 
in; hereby promising in good faith, that we will ac- 
cept, ratify, fulfil and execute whatever shall be agreed, 
concluded and signed by our said minister plenipoten- 
tiary ; and that we will never act nor suffer any person 
to act contrary to the same, in the whole or in any part. 



1779.] FOREIGN AFFAIRS. fBS 

In witness whereof, we have caused these presents 
to be given in Congress, at Philadelphia, the 
day of in the year of our Lord, and in 

the year of the independence of the United 

States of America. 

Signed by the President, and sealed with his seal. 

SEPTEMBER 30, 1779. 

A letter from the minister of France was read : 
Whereupon, 

Resolved, That the President inform the honoura- 
ble Sr. Gerard, minister plenipotentiary of France, 
that Congress are much obliged by his polite offer to 
detain the frigate Sensible, for the accommodation of 
Mr. Adams and his secretary, on their passage to 
France; and that they accept the same on condition 
Mr. Adams can be prepared for his departure in such 
reasonable time as that it may not be too great an in- 
convenience to detain the vessel. 

OCTOBER 2, 1779. 

On motion of Mr. Mathews, seconded by 
Resolved, That the marine committee be directed 
to lay in such stores as they may deem necessary for 
the use of the minister lately appointed to the court of 
Spain, and of the minister of his most christian majesty 
now about to depart for France; and to prepare all 
necessary accommodations on board the frigate Con- 
federacy, for the said ministers and their families. 
And that the marine committee make the like provi- 
voL. II. 34 



£G6 SECRET JOURNAL. [Oct. 4, 

sion for Mr. Adams and his family, on their passage 
for France. 



OCTOBER 4, 1779. 

On motion of Mr. Collins, seconded by Mr. Laurens, 

Resolved, That a committee of three be appointed 
to prepare a further instruction to the minister pleni- 
potentiary appointed to negotiate with the court of 
Spain relative to obtaining an article for allowing the 
inhabitants of the United States the liberty of taking 
salt from Sal Tortuga. 

The members — Mr. Laurens, Mr. Paca, and Mr. 
Sherman. 

On motion of Mr. Marchant, seconded by Mr. Lau- 
rens, 

Resolved, That the said committee be directed to 
prepare an instruction relative to the privilege of cut- 
ting logwood. 

The commissions as agreed to, being engrossed, 
with blanks left for inserting the names and titles of 
the ministers and the dates of the commissions — 

A motion wa^ made by Mr. Gerry, seconded by Mr. 
Paca, 

That the blank for the name and titles of the minis- 
ter in the commission for negotiating a treaty of amity 
and commerce, and of alliance with Spain, be filled up 
with the words, " The honourable John Jay, esquire, 
" late President of Congress, and chief justice of the 
" state of New York :" And that the like blanks in 
the other two commissions, namely, for negotiating a 
treaty of peace, and for negotiating a treaty of com- 



1779.] 



FOREIGN AFFAIRS. 



207 



merce with Great Britain, be niled up wiih the 
words, " The honourable John Adams, esquire, 
" late commissioner of the United Slates of Amc- 
" rica at the court of Versailles, late delegate in 
" Congress from the state of Massachusetts Bay, and 
" chief justice of the said state." 

On debating the motion for filling up the blank in 
the first mentioned commission, 

A motion was made by Mr. Marchant, seconded by 
Mr. Partridge, to strike out the words " late President 
" of Congress and chief justice of the state of New 
" York." 

And on the question, Shall those words stand, the 
yeas and nays being required by Mr. Marchant — 



New Hampshire, Mr. Peabody, 
Mr. Langdonj 

Massachusetts Bay, Mr. Gerry, 
Mr. Holten, 



Ay. } r\ 

T.T-' > Divided. 
No. s 



Rhode Island, 
Connecticut, 

New Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 



Mr. Partridge, 

Mr. Marchant, 
Mr. Collins, 

Mr. Sherman, 
Mr. Huntington, 
Mr. Root, 

Mr. Fell, 
Mr. Houston, 

Mr. Atlce, 

Mr. Vandyke, 

Mr. Paca, 
Mr. Forbes, 
Mr. Jenifer. 



Ay. 



Divided. 



Ay.) 

Ay.V Av. 
Ay.) 



268 SECRET JOURNAL. [Oct 4;, 

Virginia, Mr. Griffin, Ay. ) 

Mr. Mercer, Ay. > Ay. 

Mr. Fitzhugh, Ay. ) 

North Carolina, Mr. Harnet, Ay. ) . 

Mr. Hewes, Ay. 5 

South Carolina, Mr. Mathews, )>No. 

So it was resolved in the affirmative. 

On the question, 

Resolved, That the first blank in the comtnission for 
negotiating with the court of Spain, be filled up with 
the words, " The honourable John Jay, esquire, late 
" President of Congress and chief justice of the state 
" of New York." 

On debating the motion for filling up the like blanks 
in the other two commissions, 

A motion was made by Mr. Mathews, seconded by 
Mr. Marchant, to strike out the words, " late commis- 
" sioner of the United States of America at the court 
" of Versailles, late delegate in Congress from the 
" state of Massachusetts Bay, and chief justice of the 
" said state." 

And on the question, Shall those words stand, the 
yeas and nays being required by Mr. Marchant, 

It was resolved in the affirmative, the members an- 
swering as in the foregoing question. 

On the question, 

Resolved, That the like blanks in the other two 
commissions, namely, for negotiating a treaty of peace, 
and for negotiating a treaty of commerce with Great 
Britain, be filled up with, " The honourable John 
'• Adams, esquire, late commissioner of the United 



1779.] FOREIGN AFFAIRS. 269 

" Slates of America at the court of Versailles, late delc- 
"gate in Congress from the state of Massachusetts 
" Bay, and chief justice of the said state." 

Resolved, That the commissions be dated the twen- 
ty-ninth day of Septcml)er, 1779. 

The committee, consisting of Mr. Mathews, Mr. 
Gerry and Mr. Root, appointed to report proper sala- 
ries for the ministers plenipoteiuiary and their secreta- 
ries, respectively, brought in a report, which was 
taken into consideration. 

And a motion being made to strike out " three thou- 
" sand," reported by the committee for the salary of 
the ministers plenipotentiary — 

On the question. Shall " three thousand" stand, the 
yeas and nays being required by Mr. Marchant — 

New Hampshire, Mr. Langdon, 

Massachusetts Bay, Mr. Gerry, 
Mr. Holten, 

Rhode Island, Mr. Marchant, 

Connecticut, Mr. Sherman, 

Mr. Huntington, 
Mr. Root, 

New York, Mr. Lewis, 

New Jersey, Mr. Fell, 

Mr. Houston, 

Pennsylvania, Mr. Armstrong, 

Mr. Atlee, 

Delaware, Mr. Vandyke. )>Av. 




DEP. 



276 
Maryland, 

Virginia, 

North Carolina, 
South Carolina, 



SECRET JOURNAL. 

Mr. Paca, 
Mr. Forbes, 
Mr. Jenifer, 

Mr. Griffin, 
Mr. Mercer, 
Mr. Fitzhugh, 

Mr. Harnet, 

Mr. Laurens, 
Mr. Mathews, 



[Oct. 4, 




No. 
Ay. 



)>Ay. X 



Divided. 



So the states were equally divided, and that sum was 
struck out. 

A motion was then made by Mr. Gerry, seconded by 
Mr. Griffin, that the blank be filled with " two thousand 
five hundred.^' And on the question to agree to this, 
the yeas and nays being required by Mr. Marchant — 



New Hampshire, Mr. Langdon, 

Massachusetts Bay, Mr. Gerry, 
Mr. Hoi ten, 
Mr. Partridge, 

Mr. Marchant, 



)>No. 



Rhode Island, 
Connecticut, 

New Jersey, 

Pennsylvania, 

Delaware, 




Mr. Sherman, No. 1 
Mr. Huntington, Ay. >■ Ay. 
Mr. Root, Ay.) 



Mr. Fell, 
Mr. Houston, 



A^:h^- 



Mr. Armstrong, No. ) j-v 
Mr.Atlee, Ay.J^'^'^^^' 



Mr. Vandyke, 



)>Ay. 



1779.] FOREIGN AFFAIRS. 271 

Maryland, Mr. Paca, Ay. i 

Mr. Forbes, Ay. > Ay. 

Mr. Jenifer, Ay. 3 

Virginia, Mr. Griffin, Ay. ^ 

Mr. Mercer, Ay. > Ay, 

Mr. Fitzhugh, Ay.) 

North Carolina, Mr. Harnet, ^Ay. x 

South Carolina, Mr. Laurens, No. } n.,,.^.^ 
Mr. Mathews, Ay. 3 

So it was resolved in the affirmative. 

A motion was then made by Mr. Marchant, seconded 
by Mr. Langdon, to strike out " one thousand," the sum 
reported as the salary for the secretaries. And on the 
question, Shall " one thousand" stand, the yeas and 
nays being required by Mr. Langdon — 

New Hampshire, Mr. Langdon, ^No. 



Massachusetts Bay, Mr. Gerry, -Ay."^ 



Mr. Lovcll, Ay. 



yAr. 



Mr. Holten, Ay. ( 

Mr. Partridge, No.J 

Rhode Jsland, Mr. Marchant, J>No. 

Connecticut, Mr. Sherman, No. ^ 

Mr. Huntington, No. > No. 

Mr. Root, No. ) 

New York, Mr. Lewis, ^Ay. x 

New Jersey, Mr. Fell, Ay. ) p. 

Mr. Houston, No. 5 ^'^ided. 

Pennsylvania, Mr. Armstrong, Ay. } p, 

Mr. Ailee, No. J ^»^'^»e^- 



272 



SECRET JOURNAL. 



[Oct. 4, 



Delaware, 


Mr. Vandyke, 




Maryland, 


Mr. Paca, 
Mr. Forbes, 
Mr. Jenifer, 


Ay. 

Ay. 
Ay. 


Virginia, 


Mr. Griffin, 
Mr. Mercer, 
Mr. Fitzhugh, 


Ay. 
Ay. 
Ay. 


North Carolina, 


Mr. Harnet, 
Mr. Sharpe, 


Ay. 

Ay. 


South Carolina, 


Mr. Laurens, 
Mr. Mathews, 


No. 
Ay. 



>Av. 



Av. 



Ay. 



1 



Ay. 



Divided. 



So it was resolved in the affirmative. 

On the question. 

Resolved, That each of the ministers plenipotentiary 
be allowed at the rate of two thousand five hundred 
pounds sterling per annum, and each of their secreta- 
ries at the rate of one thousand pounds sterling per 
annum, in full for their services and expenses respec- 
tively. 

That the salary of each of the said officers be com- 
puted from the time of his leaving his place of abode, 
to enter on the duties of his office, and be continued 
three months after notice of his recall. 

Ordered, That so much of the report as relates to 
providing for the payment of the above salaries be re- 
ferred to the committee of commerce. 



1779.] FOREIGN AFFAIRS. 273 



OCTOBER 9, 1779. 

The committee appointed to prepare a commission 
for the secretaries, brought in a draft, which was 
agreed to as follows : 

The United States of America in Congress assem- 
bled — To Greeting: 
tWe, reposing especial (rust and confidence in your 
patriotism, ability, conduct and fidelity, do by these 
presents constitute and appoint you during our pleasure, 
secretary to our minister plenipotentiary appointed to 
you are therefore carefully and dili- 
gently to discharge the duty of secretary, by doing and 
performing all things thereunto belonging. And in 
case of the death of our said minister, you are to signi- 
fy it to us by the earliest opportunity; and on such 
event, we authorize and direct you to take into your 
charge all our publick affairs, which were in the hands 
of our said minister at the time of his death, or which 
may be addressed to him before notice thereof, and 
proceed therein according to the instructions to our 
said minister given, until our further orders. 

Witness, President of the Congress of 

the United States of America, at the 

day of 17 and in 

the year of our independence. 

The said committee reported the draft of a letter of 
credence to the secretary of a minister plenipotentiary 
residing at a foreign court, which was agreed to as 
follows : 

VOT,. 11. ^5 



274 SECRET JOURNAL. [Oct. 13, 



[Insert the address of the king, prince or potentate.] 

Taking into consideration the various events which 
may deprive us of the services of our minister plenipo- 
tentiary at your court, and being desirous that at all 
times you should be assured of our constant good will 
and alloction, we have nontiinated secre- 

tary to our minister in case of the death 

or the necessary absence of our said minister, to reside 
at your court, and to transact all such matters and things 
relating to us, as may from time to time be necessary. 
We beseech you to give entire credit to every thing 
which he shall deliver on our part, especially when he 
shall assure you of the permanency of our friendship. 
And we pray God, that he will keep your in 

his holy protection. 

Done at the day of 

in the year of our Lord and in the 

year of our independence. 

Ordered, That the said committee prepare the form 
of a letter of credence to Mr. Jay, to represent these 
states at the court of Spain, in case a treaty shall be 
sijrned with that court. 



OCTOBER 13, 1779. 

Mr. Jay having desired to be informed, Ist, in what 
manner he is to be supplied with money for his expenses 
on his arrival in Europe ; 2d, whether he will be allow- 
ed any money for secret services ; 3d, whether he is to 
advance money to distressed Americans, who may ap- 
ply to him — 



1779.] FOREIGN AFFAIRS. 27a 

Ordered, That the same be referred to a committee 
of three. 

The members — Mr. Laurens, Mr. Jenifer, Mr. Lang- 
don. 

A letter of July 10, 1779, from J. G. Derricks, at 
Amsterdam, and sundry letters between governour 
Trambull and the said Mr. Derricks, being laid before 
Congress, were referred to the said committee. 

Ordered, That Mr. Witherspoon and Mr. Lovell. 
members of the committee for foreign affairs, be added 
to the foregoing committee. 

Ordered, That the said committee prepare the in- 
struction to the minister plenipotentiary appointed to 
negotiate with the court of Spain, to endeavour to ob- 
tain for the United States the liberty of taking salt from 
Sal Tortuga, and cutting logwood and mahogany in the 
bay of Honduras ; and that the former committee be 
discharged of that business. 

A motion was made by Mr. Witherspoon, seconded 
by Mr. Morris, 

That the minister of these states to his catholick 
majesty be privately instructed to recede from the 
claim of a free navigation of the river Mississippi, 
mentioned in his instructions, below the thirty-first de- 
gree of north latitude, on condition of a grant of a free 
port therein also mentioned, if the obtaining such navi- 
gation shall be found an insuperable bar to the pro- 
posed treaties of amity and commerce between these 
states and his catholick majesty : Provided always, 
that the power herein contained be confined to the said 
minister, and not, in case of his death, or absence, to 
be exercised by any other person. 



276 SECRET JOURNAL. [Oct. 13, 

A division was called for. And on the question to 
agree to the first clause, as far as to the proviso, the 
yeas and nays being required by Mr. Mercer — 

New Hampshire, Mr. Peabody, Ay. ) . 
Mr. Langdon, Ay. 3 ^ 

Massachusetts Bay, Mr. Lovell, No. ) r> 

i\T ij 1* A } Divided. 

JMr. Holtei), Ay. ^ 

Rhode Island, Mr. Marchant, )>No. 

Connecticut, Mr. Sherman, No. ^ 

Mr. Huntington, No. > No. 
Mr. Root, No. ) 

New York, Mr. Morris, Ay. } . 

Mr. Lewis, Ay. ^ 



New Jersey, 



Mr. Witherspoon, Ay. 1 . 
Mr. Fell, Ay. 5 ^'^* 



Pennsylvania, Mr. Armstrong, No. ) 

Mr. Atlee, ^7* / No. 

Mr. Muhlenberg, No. ) 

Maryland, Mr. Plater, Ay. ^ 

Mr. Forbes, Ay. > Ay. 

Mr. Jenifer, Ay. ) 

Virginia, Mr. Griffin, No. ^ 

Mr. Mercer. No. > No. 

Mr. Fitzhugh, No.) 

North Carolina, Mr. Harnet, No. ^ 

I\f r. Hewes, Ay. > No. 

Mr. Sharpe, No. } 

South Carolina, Mr. Laurens, No. ) lyj- 

Mr. Mathews, No. 5 ^^^' 

So it passed in the negative.-. 



I 



1779.] FOREIGN AFFAIRS. 9T7 



OCTOBER 14, 1779. 

Ordered, That the first blank in the commission to 
the secretary of the minister plenipotentiary for nego- 
tiating with Spain be filled up with " the honourable 
" William Carmichael, esquire, a delegate in Congress 
" from the stale of Maryland ;" and the second blank 
with "negotiate a treaty of amity and commerce, and 
" of alliance with his catholick majesty ;" the blank 
after "witness," with "his excellency Samuel Hunt- 
ington, esquire ;" and the other blanks successively 
with " Philadelphia," " twenty-ninth," " September," 
" 1779," "fourth." 

That the first blank in the commission to the secre- 
tary to the minister plenipotentiary for negotiating a 
treaty of peace, &ic. be filled up with " the honourable 
" Francis Dana, esquire, a delegate in Congress from 
" the state of Massachusetts Bay, and a member of the 
" council of the said state ;" the second blank with 
" negotiate a treaty of peace and of commerce with 
" Great Britain ;" and the other blanks as above. 

That the first blank in the commission for the secre- 
tary to the minister at the court of Versailles be filled 
with " John Laurens, esquire, member of the house of 
" representatives for the state of South Carolina, and 
" lieutenant colonel in the army of the United States ;" 
the second blank with ''at the court of Versailles," 
striking out " appointed to;" and the other blanks as 
above. 



278 SECRET JOURNAL. [Oct. 15, 



OCTOBER 15, 1779. 

The cotninillee appointed to prepare a letter of cre- 
dence for the honourable John Jay, esquire, brought 
in a draft, which, being read and amended, was agreed 
to as follows : 



GREAT AND BELOVED FRIEND, 

The United States of America in Congress assembled, 
deeply impressed with the high sense of the magna- 
nimity of your majesty, and of your friendly disposition 
towards these states, and having an earnest desire to 
improve into a firm and lasting alliance such friendly 
disposition, have appointed the honourable John Jay, 
esquire, late President of Congress, and chief justice of 
the state of New York, to reside at your court, in quality 
of minister plenipotentiary, that he may give you more 
particular assurances of the high regard we entertain 
for your majesty. We beseech your majesty to give 
entire credit to every thing he shall deliver on our part, 
especially when he shall assure you of the sincerity of 
our friendship. And we pray God, that he will keep 
your majesty in his most holy protection. 

Done at Philadelphia, the fifteenth day of October, 
in the year of our Lord, one thousand seven 
hundred and seventy-nine. By the Congress of 
the United States of North America. Your good 
friends. 

President. 
Attest. 
Charles Thomson, Secretary. 



1779.] FOREIGN AFFAIRS. 2» 

The committee, consisting of Mr. Laurens, Mr. 
Jenifer, Mr. Langdon, Mr. Witiierspoon, and Mr. Lo- 
vell, appointed to prepare an instruction to the minister 
plenipotentiary for negotiating a treaty of amity and 
commerce with his catholick majesty, and for other 
purposes, brought in a report, which was taken into 
consideration : And thereupon, 

Resolved, That the following additional instruction 
be given to the minister plenipotentiary for negotiating 
a treaty of amity and commerce with his catholick 
majesty. 

SIR, 

You are to use your utmost endeavours for obtaining 
permission for the citizens and inhabitants of these 
states to lade, and take on board their vessels, salt at 
the island of Sal Tortuga ; and also to cut, load, and 
bring away logwood and mahogany in and from the 
bay of Honduras and its rivers ; and to build on the 
shores store houses and magazines for the wood cutters 
and their families in the extent ceded to his Britan- 
nick majesty by the seventeenth article of the defini- 
tive treaty, concluded at Paris the 10th day of Februa- 
ry, 1763; or, in as great extent as can be obtained. 

Resolved, That a letter be written to the minister 
plenipotentiary of these states at the court of France, 
desiring him to take the most etTectual means for sup- 
plying the ministers appointed to treat with his catho- 
lick majesty, and with his Britannick majesty, and their 
secretaries, with two thousand Louis d'ors, to be dis- 
tributed in proportion to their respective salaries, and 
giving the strongest assurances to the said minister 



'2m SECRET JOURNAL. [Oct. IG, 

that Congress will immediately lake measures for re- 
placing the said sum, as well as for establishing a fund 
in Europe for the future support of all the embassies 
from these states. 

Resolved, That should the minister appointed to 
treat with his catholick majesty advance or procure 
advances of money to be made upon necessary occa- 
sions for the relief of distressed Americans, he shall 
be reimbursed and indemnified for such advances. 

The committee having reported. That it appears to 
them that a loan may be obtained in Holland — 

Resolved, That a proper person be authorized and 
instructed to negotiate that business on behalf of the 
United States. 

Resolved, That Monday next be assigned for nomi- 
nating, and Thursday next for electing, a proper per- 
son to negotiate a loan in Holland. 

Ordered, That the committee who brought in the 
foregoing report, prepare a letter to the minister pleni- 
potentiary of these United States at the court of 
France. 

OCTOBER 16, 1779. 

The committee appointed to prepare a letter to the 
minister plenipotentiary of the United States at the 
court of France brought in a draft, which was agreed 
to, as follows : 

SIR, 

Congress have appointed the honourable John Jay, 
esquire, minister pleuipolenliary for negotiating a trea- 



1779.] FOREIGN AFFAIRS. srfl 

ty of amity and commerce, and of alliance between 
his calholick majesty and the United Slates of Ameri- 
ca; and the honourable John Adams, esquire, minister 
plenipotentiary for negotiating a treaty of peace, and 
a treaty of commerce with Great Britain. The ho- 
nourable William Carmichael, esquire, is appointed 
secretary to the first, and the honourable Francis Dana, 
esquire, secretary to the last mentioned embassy. Mr. 
.Jay and Mr. Carmichael will embark on board the 
Confederacy, continental ship of war, now in Dela- 
ware, ready to sail for France. Mr. Adams and Mr. 
Dana will probably take their passages on board 
La Sensible, one of his most christian majesty's fri- 
gates, in the harbour of Boston. The salaries annex- 
ed to these appointments, respectively, are two thou- 
sand five hundred pounds sterling per annum to the 
ministers, and one thousand pounds sterling to the 
secretaries. And, in order to enable ihcse gentlemen 
to enter without embarrassment upon the duties of 
their several functions, I am authorized, by an act of 
Congress of the 15th instant, a certified copy of which 
will accompany this, to request you, sir, to take the 
most effectual means for supplying them with two thou- 
sand Louis d'ors in distributions proportioned to their 
respective salaries, and to assure you, on the faith of 
Congress, that speedy and proper measures will be 
adopted both for repaying that sum, and for establish- 
ing a fund for the future support of all the embassies of 
these United States in Europe. 

You will likewise find enclosed a certified copy of 
an act of Congress of the 4th instant, by which you 
will be informed that your salary is also to be two 
VOL. ti. ".G 



282 SECRET JOURNAL. [Oct. 21, 

thousand five hundred pounds sterling per annum ; and 
that John Laurens, esquire, a member of the house of 
representatives for the state of South Carolina, and 
lieutenant colonel in the army of the United States, is 
appointed by Congress to be secretary to the minister 
plenipotentiary at the court of France. 

I have the honour to be, &:c. 



OCTOBER 18, 1779. 

Congress proceeded to the nomination of a proper 
person to negotiate a loan in Holland ; and Mr. John 
Adams was put in nomination by G. Morris. \ 

Mr. Henry Laurens, by Mr. Mathews. 

Mr. Woodbury Langdon, by Mr. Sharpe. 

On motion of Mr. Morris, seconded by Mr. Ma- 
thews, 

Resolved, That a committee of three be appointed 
to prepare instructions to the person who may be em- 
powered to negotiate a foreign loan. 

The members chosen — Mr. Morris, Mr. Mathews, 
and Mr. Gerry, 

OCTOBER 21, 1779. 

The committee appointed to prepare instructions to 
the person who may be empowered to negotiate a 
foreign loan brought in a report. 

Ordered, That it be taken into consideration on 
Monday next. 



I 



mg.] FOREIGN AFFAIRS. 2(33 

Congress proceeded to the election of a person to 
negotiate a loan in Holland; and the ballots being 
taken, ) 

The honourable Henry Laurens, esquire, was elect- 
ed. 

OCTOBER 2C, 1779. 

Congress took into consideration the report of the 
committee on instructions to the person appointed to 
negotiate a loan in Holland : Whereupon, 

Resolved, That he be instructed to borrow a sum 
not exceeding ten million dollars, at the lowest rate 
possible, not exceeding six per cent, per annum. 

Resolved, That he be empowered to employ, on 
the best terms in his power, some proper mercantile or 
banking house in the city of Amsterdam, or elsewhere, 
in the United Provinces of the low countries, to assist 
in the procuring of loans, to receive and pay the mo- 
ney borrowed, to keep the accounts, and to pay the 
interest. 

That he be also empowered to pledge the faith of 
the United States, by executing such securities or obli- 
gations for the payment of the money as he may think 
proper ; and also that the interest shall not be reduc- 
ed, nor the principal paid, during the term for which 
the same shall have been borrowed, without the con- 
sent of the lenders, or their representatives. 

That he be directed to give notice to Congress of 
any loan made by him, or under his authority, and to 
direct the house by him employed to accept and pay 



284 SECRET JOURNAL. [Oct. 30, 

the bills of exchange which may be drawn under the 
authority of Congress. 

Resolved, That a commissioner be appointed, and 
furnished with instructions for entering into a treaty of 
amity and commerce with the United Provinces of the 
low countries. 

Resolved, That a committee of three be appointed 
to prepare a commission for the person appointed to 
negotiate a loan in the United Provinces of the low 
countries, and also instructions for the person to be 
appointed to negotiate a treaty of amity and com- 
merce with the said provinces, and a commission for 
that purpose. 

The members chosen — Mr Mathews, Mr. Houston, 
and Mr. Morris. 

OCTOBER 30, 1779. 

Mr. H. Laurens was nominated by Mr Marchant to 
be appointed a commissioner to negotiate a treaty of 
amity and commerce with the United Provinces of the 
low countries. 

The committee appointed to prepare a commission 
for the person appointed to negotiate a loan in the 
United Provinces of the low countries brought in a 
draft, which, being read and amended, was agreed to 
as follows : 



1779.] FOREIGN AFFAIRS. 389 



The United States of America in Congress assem- 
bled, to the Honourable Henry Laurens, Esquire, 
Delegate from the slate of South Carolina, and 
formerly President of Congress, Greeting, 

We, reposing especial trust and confidence in your 
patriotism, ability, conduct and fidelity, do by these 
presents constitute and appoint you the said Henry 
Laurens, during our pleasure, our agent, for and in 
behalf of the said United States, to negotiate a loan 
with any person or persons, bodies politick and corpo- 
rate, promising in good faith to ratify and confirm 
whatsoever shall by you be done in the premises, or 
relating thereunto. 

Witness, His Excellency Samuel Huntington, Es- 
quire, President of the Congress of the United 
States of America at Philadelphia, the 
day of in the year of our Lord 

and in the 
year of our independence. 

Attest. 

Sec'y. 

NOVEMBER 1, 1779. 

Congress proceeded to the election of a commis- 
sioner to negotiate a treaty of amity and commerce 
with the United Provinces of the low countries ; and 
the ballots being taken. 



m SECRET JOURNAL. [Nov. 1, 

The honourable Henry Laurens, esquire, was elect- 
ed. 

A motion was made by Mr, Mathews, seconded by 
Mr. Fell, 

That Mr. Laurens be allowed a salary at the rate of 
sterling in full for his services and 
expenses. 

A motion was made by Mr. Sherman, seconded by 
Mr. Pcabody, to strike out, " in full for his services 
"and," and to insert, "over and above his reasona- 
« ble." 

And on the question. Shall the words moved to be 
struck out, stand, the yeas and nays being required by 
Mr. Morris — 



Nq. 



New Hampshire, Mr. Peabody, No. 
Mr. Langdon, No. 

Massachusetts Bay, Mr. Lovell, 
Mr. Holten, 
Mr. Partridge, 

Rhode Island, Mr. Marchant, 

Connecticut, Mr. Sherman, No. ^ 

Mr. Huntington, Ay. > Ay. 
Mr. Root, Ay. 3 




New York, Mr. Morris, Ay. 

Mr. Lewis, Ay. 



Ay. 



r. Witherspoon, No."^ 
Mr. Srudder, No. 1 ^T 

Mr. Fell, Ay. f ^^°* 



New Jersey, Mr 

Mr 
Mr 
Mr. Houston. No. j 



1779.] FOREIGN AFFAIRS- 

- Pennsylvania, Mr. Searle, No.^ 

Mr. Muhlenberg, No. > No. 

Mr. Wynkoop, Ay.) 

Maryland, Mr. Plater, Ay. ) ^^ 

Mr. Forbes, Ay. 5 

Virginia, Mr. Griffin, )^Ay.x 

North Carolina, Mr. Harnet, Ay. ) » 

Mr. Sharpe, Ay. ) 

South Carolina, Mr. Mathews, )>Ay, 



So it was resolved in the affirmative. 

A motion was made by Mr. Mathews, seconded by 
Mr. Fell, 

That the blank be filled with the words " fifteen 
" hundred." 

On the question to agree to this, the yeas and nays 
being required by Mr. Morris — 



New Hampshire, Mr. Pcabody, 
Mr. Langdon, 

Massachusetts Bay, Mr. Lovell, 
Mr. Holten, 
Mr. Partridge, 

Rhode Island, Mr. Marchant, 

Conjiecticut, Mr. Sherman, Ay. ^ 

Mr. Huntington, Ay.> Ay. 
Mr. Root, Ay.) 

New York, Mr. Morris, No. ) *r 

Mr. Lewis, No.5^^°- 




IVIDED. 



98d SECRET JOURNAL. [Nov. 1, 

New Jersey, Mr. Witherspoon,Ay."^ 

IVIr. Scudder, Ay. [. 
Mr. Fell, Ay. p^* 

Mr. Houston, Ay.J 

Pennsylvania, Mr. Searle, Ay. ^ 

Mr. Muhlenberg, Ay.V Ay. 
Mr. Wynkoop, Ay. 3 



Maryland, Mr. Plater, 

Mr. Forbes, 



No.) 
No. 5 



No. 



Virginia, Mr. Griffin, Ay. ^'Ay.x 

North Carolina, Mr. Harnet, Ay. > . 

Mr. Sharpe, Ay.5 ^^• 

South Carolina, Mr. Mathews, )«-Ay. 

So it was resolved in the affirmative. 

And on the question, 

Resolved, That Mr. Laurens be allowed a salary at 
the rate of fifteen hundred pounds sterling per annum 
in full for his services and expenses. 

On motion of Mr. Mathews, seconded by Mr. Mor- 
ris, 

Resolved, that the marine committee be directed to 
make like provision for the passage of Mr. Laurens to 
Europe, as was directed to be made for Messrs. Jay 
and Adams. 

A motion was made by Mr. Morris, seconded by 
Mr. Griffin, 

That, whenever by the death of any minister of the 
United States, his secretary shall exercise the office of 
charge des affaires, or resident, such secretary be 
allowed at and after the rate of fifteen hundred pounds 



1779.] 



FOREIGN AFFAIRS. 



Sterling per annum, in full for his services and ex- 
penses. 

On which the previous question was moved by Mr. 
Scudder, seconded by Mr. Holten ; and on the question 
to agree to the previous question, the yeas and nays 
being required by Mr. Morris — 



New Hampshire, Mr. Peabody, 
Mr. Langdon, 

Massachusetts Bay, Mr. Lovell, 
Mr. Holten, 
Mr. Partridge, 



No.^ 
Ay.V Ay. 

Ay-S 



Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 

Maryland, 
North Carolina, 



Mr. Sherman, Ay. ^ 
Mr. Huntington, Ay.vAv. 
Mr. Root, Ay.) 



Mr. Morris, 
Mr. Lewis, 



No. 
Ay. 



Divided. 



Mr. Witherspoon, Ay."^ 

Mr. Scudder, Ay. I . 

Mr. Fell, Ay. f^^' 

Mr. Houston, Ay.J 

Mr. Searle, Ay. ^ 

Mr. Muhlenberg, Ay. > Ay. 

Mr. Wynkoop, Ay. ) 



Mr. Plater, 
Mr. Forbes, 

Mr. Harnct, 
Mr. Sharpe, 



JiVIDED. 



South Carolina, Mr. Malhews, 



^^; I Divided. 
)>Ay. 



So it was resolved in the affirmative, and the motion 
was set aside. 

VOL. n. 37 



990 .-SECRtT JOURNAL. [Not. 1, 

On motion of Mr. Scudder, seconded by Mr. Lang- 
don, 

Resolved, That Mr. Laurens be authorized to em- 
ploy a proper secretary upon the most reasonable 
terms, not exceeding the sum of three hundred pounds 
sterling per annum, the same being allowed to his 
credit. 

The committee appointed to prepare a commission 
for the commissioner appointed to negotiate a treaty of 
amity and commerce with the United Provinces of the 
low countries, brought in a draft, which was agreed to 
as follows : 



The United States of America in Congress as- 
sembled, to all who shall see these presents, send 
greeting : 

Whereas an intercourse between the citizens of the 
United Provinces of the low countries and the citi- 
zens of these United States, founded on the principles 
of equality and reciprocity, may be of mutual advan- 
tage to both nations : 

Know ve, therefore, That we, confiding in the in- 
tegrity, prudence and ability of the honourable Henry 
Laurens, esquire, delegate from the state of South 
Carolina, and formerly President of Congress, have 
nominated, constituted and appointed, and by these 
presents do nominate, constitute and appoint him the 
said Henry Laurens our commissioner, giving him full 
power, general and special, to act in that quality, to 
confer, treat, agree and conclude with the person or 
persons vested with equal powers, by the states gene- 



1779.] FOREIGN AFFAIRS. 1^ 

ral of the said United Provinces, of and concerning a 
treaty of amity and commerce; and whatever shall be 
so agreed and concluded, for us and in our name, to 
sign, and thereupon to make such treaty, conventions 
and agreements as he shall judge conformable to the 
ends we have in view; hereby promising in good faith, 
that we will accept, ratify and execute whatever shall 
be agreed, concluded and signed by our said commis- 
sioner. 

In witness whereof, we have caused these presents 
to be given in Congress at Philadelphia, the first 
day of November, in the year of our Lord one 
thousand seven hundred and seventy-nine, and in 
the fourth year of our independence. 

NOVEMBER 5, 1779. 

A motion was made by Mr. Mathews, seconded by 
Mr. Gerry, to reconsider the resolution of the 1st in- 
instant, authorizing Mr. Laurens to employ a secretary, 
so far as to alter the salary from three hundred to a 
sum not exceeding five hundred pounds sterling. 

On the question, Shall the resolution be recon- 
sidered, the yeas and nays being required by Mr, 
Morris — 

New Hampshire, Mr. Peabody, Ay. ) . 
Mr. Langdon, Ay. 5 

Massachusetts Bay, Mr. Gerry, Ay. ? . 

Mr. Holten, Ay. S 

Rhode Island. Mr. Marchant, ^Ar» 



29? 



SECRET JOURNAL. 



[Nov. 6, 



New York, 


Mr. Morris, 
Mr. Lewis, 


No. 

No. 


New Jersey. 


Mr. Scuddcr, 
Mr. Fell, 
Mr. Houston, 


Av. 

No. 
No. 


Pennsylvania, 


Mr. Muhlenberg, 
Mr. Wynkoop, 


Ay. 

Ay. 


Maryland, 


Mr. Plater, 
Mr. Forbes, 


No. 
No. 


North Carolina, 


Mr. Harnet, 
Mr. Sharpe, 


No. 
Ay. 


South Carolina, 


Mr. Mathews, 





No. 



No. 



Ay. 



No. 



)>Ar. 



IVIDED. 



So it was resolved in the affirmative. 

On motion of Mr. Mathews, seconded by Mr. Hol- 
len, the word " three" was struck out. 

A motion was then made by Mr. Mathews, seconded 
by Mr. Holten, that the word " five" be inserted. 

When the question was about to be put, the deter- 
mination thereof was postponed by the state of New- 
York. 



NOVEMBER 6, 1779. 

On the question to agree to the motion, the deter- 
mination of which was yesterday postponed, the yeas 
and nays being required by Mr. Morris — 



New Hampshire, Mr. Peabody, 



>Ay. 



Massachusetts Bay, Mr. Gerry, Ay. ) 

Mr. Hollen, ■^y*/' -A^* 

Mr. Partridge, Ay.) 



1779.] FOREIGN AFFAIRS. KKI 



Rhode Island, Mr. Marchant, 



New York, Mr. Morris, 

Mr. Lewis, 

I New Jersey, Mr. Scndder, 

Mr. Fell, 




Mr. Houston, 

Pennsylvania, Mr. Scaric, Ay. > . 

Mr. Muhlenberg, Ay. 5 ^'* 

No. \ N*'- 



Maryland, Mr. Plater, 

Mr. Forbes, 



North Carolina, Mr. Harnet, No. ) ^^ 

Ti/r cu A ^ Divided. 

Mr. Sharpe, Ay. 5 

South Carolina, Mr. Mathews, ^Ay. 

So it was resolved in the affirmative. 

On motion of Mr. Morris, seconded by Mr. Gerry, 

Resolved, that the words " the same be allowed to 
his credit," be struck out. 

On the question to agree to the resolution as 
amended, the yeas and nays being required by Mr. 
Morris — 

New Hampshire, Mr. Peabody, Ay. ) . 
Mr. Langdon, Ay. 5 

Massachusetts Bay, Mr. Gerry, Ay. ^ 

Mr. Holten, Ay. > Av. 

Mr. Partridge, Ay. ) 

Rhode Island, Mr. Marchant. )>Ay. 

New York, Mr. Morris, No. > xr 

Mr. Lewis, No. 5^^^* 





SECRET JOURNAL. 




New Jersey, 


Mr. Scudder, 
Mr. Fell, 
Mr. Houston, 


Ay. 
No. 
Ay. 


Pennsylvania, 


Mr. Searle, 

Mr. Muhlenberg, 


Ay. 
Ay. 


Maryland, 


Mr. Plater, 
Mr. Forbes, 


No. 
No. 


North Carolina, 


Mr. Harnct, 
Mr. Sharpe, 


No. 

Ay. 


South Carolina, 


Mr. Mathews, 





ED. 



[Nov. 8, 

Ay. 

Ay. 

*> DlVlD 

)>Ay. 

So it was 

Resolved, That Mr. Laurens be authorized to em- 
ploy a proper secretary upon the most reasonable 
terms, not exceeding the sum of five hundred pounds 
sterling per annum. 

NOVEMBER 8, 1779. 

On motion of Mr. Laurens, seconded by Mr. Pea- 
body, 

Resolved, That a committee appointed to prepare 
instructions to the person appointed to negotiate a loan 
in the United Provinces of the low countries, be in- 
structed to prepare the form of a letter to the ministers 
plenipotentiary to the courts of Versailles and Madrid, 
directing them to inform his most christian majesty, 
and his catholick majesty, of the appointment of Mr. 
Laurens for negotiating a loan in the United Provinces 
of the low countries, and to solicit the aid of their 
majesties on that occasion. 

The chevalier de la Luzerne, minister plenipoten- 
tiary of France, having on the 4th transmitted to Con- 



J779.J FOREIGN AFFAIRS. 295 

gress a coj^y of the letter of credence from his most 
christian majesty, and of the Speech he intends to make 
at his publick audience, the sanae were referred to Mn 
Morris, Mr. Dickinson and Mr. Houston, who, on the 
6th, reported the draft of an answer, which was this 
day taken into consideration. 

And on debating this clause, " His most christian 
" majesty, by patronising the hbcrty and independence 
" of America, justly acquired the name of protector of 
••' the rights of mankind" — 

A motion was made by Mr. Gerry, seconded by Mr. 
Partridge, to strike out the words " by patronising the 
" liberty and independence of America," and in lieu 
thereof to insert " has ;" and on the question, Shall the 
Words moved to be struck out, stand, the yeas and nays 
being required by Mr. Gerry — 

New Hampshire, Mr. Peabody, No. ^ j^^^ 



Mr. Langdon, Ay 



• I Divi 



Massachusetts Bay, Mr. Gerry, No. > lyr 

Mr. Partridge, No. 5 ^^°- 

Rhode Island, Mr. Marchant, )>Ay. 

New York, Mr. Morris, Ay. ) . 

Mr. Lewis, Ay. ) 

New Jersey, Mr. Scudder, No. ) -r^ 

Ti/i u . A ^ Divided. 

Mr. Houston, Ay. ) 

Pennsylvania, Mr. Ailee, -Ay-) 

Mr. Muhlenberg, Ay.> Ay. 

Mr. Wynkoop, Ay.) 

Delaware, Mr. M'Kean, )>Av. 



S0a SECRET JOURNAL. [Nov. 12, 1779. 

Maryland, Mr. Plater, Ay. ) . 

Mr. Forbes, Ay. 5 ^^' 

Virginia, Mr. Griffin, )*Ay. x 

North Carolina, Mr. Harnet, )'Ay. x 

South Carolina, Mr. Mathews, )»Ay. 

So it was resolved in the affirmative. 

The answer, being debated by paragraphs, was 
agreed to. 



NOVEMBER 12, 1779. 

The chevalier de la Luzerne having transmitted to 
Congress another copy of the speech he intends to 
make at his publick audience, the same was read: 
Whereupon, 

Resolved, That the resolution of the 8th, to agree to 
the draft of an answer reported by a committee, be 
reconsidered ; and that the report and the paper from 
the chevalier de la Luzerne be referred to a committee 
of three. 

The members — Mr. Morris, Mr. Houston and Mr. 
Dickinson. 

On the 13th, the committee reported an answer, 
which was agreed to. 

And the Wednesday following was assigned for the 
publick audience. 

[See the publick journal of 17th November, 1779.] 



Ufi. \1iO.] FOREIGN AFFAIRS. 297 



JANUARY 25, 1780. 

On the 25th of January, 1780, the minister plenipo- 
tentiary of France transmitted to Congress the fol- 
lowing memorial : 

Philadelphia, January 25, 1780. 

The minister plenipotentiary of France has received 
express orders from the king his master to inform Con- 
gress, that the present situation of the affairs of the 
alliance in Europe announces the necessity of another 
campaign, which is indispensable to bring England to 
an acknowledgment of the independence of the thirteen 
United States, which is the essential purpose of the 
present war. That power is making preparations the 
most proper for continuing the war with vigour, and 
appears willing to employ, in the course of this year, 
all the means possible to procure reparation, by some 
I important enterprise, for the losses it has already sus- 
i taioed. Congress cannot doubt but that, in this situa- 
t tion of affairs, his most christian majesty and the king 
of Spain have concerted plans to maintain that supe- 
riority by sea, which has begun to appear in their fa- 
vour ; and the underwritten has reason to believe, that 
the United States have nothing to desire of their ally, 
touching the use he is making of the resources of his 
realm, and the efficacy of the measures adopted by the 
cabinets of Versailles and Madrid. But while this 
powerful diversion retains in Europe and the West 
Indies the greater part of the land and sea forces of 
the common enemy, it is absolutely necessary that the 
vot. H. 38 



298 SECRET JOURNAL. [Jan. 25, 

United States, on their part, should make efforts propor- 
tionable to the greatness of the object for which they 
are contending. The only means of putting an end to 
the calamities of the war is to push it with new vigour ; 
to take effectual measures immediately for completing 
the army, and putting it in condition to begin an early 
campaign. It is also necessary to concert, as far as the 
distance of places will permit, a plan of common opera- 
tions ; and this is one of the principal points on which 
the underwritten minister is ordered to consult with 
Congress. He is also ordered to assure this assembly 
that the king, being informed of the wants of the 
American army, with respect to arms and ammunition, 
has commanded his ministers to make suitable arrange- 
ments for supplying them. It is necessary that the 
underwritten minister should confer with Congress on 
the subjects just mentioned. Besides, he has some 
particular circumstances to communicate relative to 
the present or probable state of the negotiations ; and 
he desires that this assembly will be pleased to inform 
him in what manner they will receive the communica- 
tion, the subject of which, as well as the plan of ope- 
rations for the ensuing campaign, requires the most 
profound secrecy. In the mean while, he now only as- 
sures Congress, that in the whole course of the nego- 
tiations carried on last year, the king would not listen 
to either peace or truce, without an assurance of some 
sort, of the independence of the United States. 

LE CHEV. DE LA LUZERNE. 



1780.] FOREIGN AFFAIRS. 899 



JANUARY 26, 1780. 

Resolved, That a committece of seven be appoint- 
ed to receive the communications of the honourable 
the minister of France. 

The members — Mr. Mathews, Mr. R. R. Livingston, 
Mr. Ellsworth, Mr. Gerry, Mr. Burke, Mr. Griffin 
and Mr. M'Kean. 

JANUARY 28, 1780. 

The committee appointed to receive the communi- 
cations of the minister of France, reported the fol- 
lowing extracts and summary : 

No. I. 

Extract of a despatch from lord Weymouth to lord 
Grantham, dated March 16, 1779. 

My language to the marquis of Almodavar, flowing 
from my ardent desire of peace, has gone too far, and 
failed in precision, if it imported a disposition to ex- 
change the royal honour and manifest rights, for a 
decent exterior and plausible temperature. Let 
France propose her complaints, pretensions, or points 
of any kind whatever, and an adequate answer will be 
given : Or let there be a truce for a certain time be- 
tween Great Britain and France, during which period 
the pretensions of one and the other may be adjusted 
through the good offices of his catholick majesty. Let 
the colonies propose their complaints, and the condi- 



aOO SECRET JOURNAL. [Jan. 2a, 

lions for their security and caution by which may be 
re-established the continuance and authority of a law- 
ful government; we shall then see if we can come to a 
direct and immediate agreement. Or, if they also pre- 
fer the method abovementioned, let there be likewise 
a truce made with North America, that is, a real truce, 
and effective suspension of hostilities, during which 
the liberty and effects of all sorts and classes of per- 
sons may be re-established and secured, and all vio- 
lence suspended on one side and the other, against 
the respective individuals and the estates or effects 
they possess. In these truces the French may treat 
of their own peculiar matters without giving the um- 
brage which would be inevitable if they mixed in the 
negotiation their own particular advantages with the 
supposed interests of those whom France affects to 
call her allies : And his Britannick majesty may es- 
tablish the government of his own dominions, without 
the disagreeable circumstance of receiving the con- 
ditions relative thereto from the hands of a declared 
enemy. 

No. 2. 

The ultimatum of the propositions made by the 
catholick king to the two courts of Paris and Lon- 
don. 

If these openings or propositions had come imme- 
diately after the king had made his for the forming of 
a plan of reconciliation, many difficulties might have 
been removed, or adjusted, by the modifications which 
it might have been practicable to have negotiated, if 
reciprocal good faith had existed, and a confidence to 



1780.] FOREIGN AFFAIRS. m 

conclude a peace. But having lost more than two 
months' time, without mentioning what had been use- 
lessly spent before, and that during this interval there 
was no cessation in great preparations for war, sus- 
picions inevitably arise, that the object of England is 
to consume the remaining months of the campaign, and 
to continue the war with vigour. If this be the case, 
pvery attempt of the king will be useless towards 
establishing concord between the belligerent powers. 
Nevertheless his majesty, willing to give the last proof 
of his love of humanity, and to demonstrate that he 
has loft nothing undone to impede and put a slop to 
the calamities of war, has commanded that the fol- 
lowing plan be proposed to the two courts, which on 
his part is the ultimatum of his negotiation : That 
there shall be a suspension of arms with France 
without limitation, and under this condition — that nei- 
ther of the belligerent powers shall break it without 
giving the other one year's previous notice. That 
with a view that this suspension of hostilities may 
re-establish reciprocal security and good faith between 
the two crowns, there shall be a general disarming, 
within one month, in all the European ; within four, in 
those of America ; and within eight, or one year, in 
the most remote parts of Africa and Asia. That in 
the space of one month a place shall be fixed upon, in 
which the plenipotentiaries of the two courts shall 
meet to treat of a definitive adjustment of peace, re- 
gulate the respective restitutions or compensations 
necessary in consequence of the reprisals that have 
been made without any declaration of war, and to 
settle such matters of complaint or pretensions, as the 



3^ 'secret journal. [Jan.SB, 

one crown may have against the other ; to the accom- 
plishment of which end, the king will continue his me- 
diation ; and does now, for the holding of this con- 
gress, make an offer of the city of Madrid. That a like 
suspension of hostilities shall be separately granted by 
the king of Great Britain to the American colonies, 
through the intercession and mediation of his caiholick 
majesty, to whom the king of Great Britain shall pro- 
mise the observance thereof, and with the condition 
not to break it, without giving his majesty one year's 
previous notice, in order that he may communicate the 
same to the said American provinces : And that there 
be a reciprocal disarming, the same as with France, 
in the same times and places, regulating the limits that 
shall not be passed by the one or the other party, with 
respect to the places they may respectively occupy 
at the time of ratifying this arrangement. That for 
settling these particulars and others relative to the 
stability of the said suspension, and the effects it may 
produce while it subsists, there shall be sent to Ma- 
drid one or more commissaries on behalf of the colo- 
nies ; and his Britannick majesty shall also send his, 
under the mediation of the king, if necessary ; and 
that in the mean time, the colonies shall be treated as 
independent in fact. Finally, in case all the belli- 
gerent powers, or any one of thena, or if only the said 
colonies demand that the treaties, or agreements, which 
shall be concluded, be guarantied by these powers and 
by Spain, the same shall be done. And the catholick 
king now makes an offer of his guarantee to these pre- 
liminaries. 






1780.] FOREIGN AFFAIRS. 3QB 

No. 3. 

Extract of an answer of the court of London to the 
propositions contained in the ultimatum of Spain, 
dated May 4, 1779. 

The propositions of the catholick king tend directly 
to the end which Spain had proposed, to form, from 
the pretensions of the colonies to independence, one 
common cause with them and with France, [f the 
conditions which the court of Versailles had communi- 
cated to his catholick majesty do not present a better 
aspect than this for the treaty, or do not offer less 
imperious and less unequal terms, the king of Great 
Britain has only to lament that he finds the hopes frus- 
trated, which he had always conceived, of a happy 
restoration of peace, as well for his own subjects, a^ 
the world in general. 

A summary of the communications made by the 
minister to the committee, and by them reported 
to Congress, January 28, 1780. 

The minister of France informed the committee. 
that he had it in command from his king to impress 
upon the minds of Congress, That the British cabinet 
have an almost insuperable reluctance to admit the idea 
of the independence of these United Stales, and will use 
every possible endeavour to prevent it. That they have 
filled several of the courts of Europe with negotiations, 
in order to excite them to a war against France, or to 
obtain succours ; and are employing the most strenu- 
ous endeavour^ lo persuade thn several powers that 



diM SECRET JOURNAL. [Jan. 28, 

ihe United States are disposed to enter into treaties of 
accommodation. That many persons in Europe are 
actually employed in bringing such treaties to perfec- 
tion ; and that they have no doubt of their success. 
That the objects which the British cabinet hope for 
from those measures are, to destroy the superioi-ity 
which France has now at sea, by diverting her powers 
and resources from naval to land operations, and by 
engaging her in a land war, where she must risk very 
important interests, while England would risk nothing 
but money ; or to break, or weaken the alliance, by 
destroying the confidence which the allies ought to 
have in each other. That his most christian majesty 
gives no credit to the suggestions of Britain relative to 
the disposition of the United States; and it is neces- 
sary that measures be taken for the preventing of other 
powers from being deceived into a belief of them. 
That the negotiations of Britain, as far as could yet be 
learned, had not succeeded. That the dispositions of 
all the European powers are, as far as can be known, 
very friendly to France ; but some of them may be en- 
gaged in secret treaties with Britain, which may oblige 
them, in some event, to assist her with troops even 
against their inclinations. That such event may arise, 
and if it should, it is probable it will produce an armed 
mediation, the consequences of which would be, that 
the allies must accept of the terms proposed by the 
mediator, or continue the war under the disadvantage 
of having the forces of the mediator united with those 
of their enemies. That, in such event, it is possible 
the terms proposed will be such as Spain offered, and 
Britain rejected, in the last proposed mediation. That, 



1780.] FOREIGN AFFAIRS. 305 

though the powers who may be under such engage- 
ments by treaty to Great Britain, from their friendly 
disposition towards his most christian majesty, may be 
very unwilling to give assistance to his enemies, yet 
they may find it indispensably necessary in compli- 
ance with their engagements ; but it is not improbable 
that their reluctance, or the distance of their dominions, 
may delay such assistance, if granted at ail, so as to 
be too late for the next campaign. That should the 
enemy be in possession of any part of the United States, 
at the close of the next campaign, it will be extremely 
difficult to bring Great Britain to acknowledge their 
independence ; and if a mediator should be offered, 
while the enemy is in possession of any part, an im- 
partial mediator could not easily refute the arguments 
which might be used for its retaining such possessions. 
And probably a mediator well disposed towards Great 
"Britain might insist on her holding them ; and if not 
agreed to, the hostility of such a mediator would be the 
necessary consequence. That should Great Britain 
form such alliances, or procure such aid as are the ob- 
jects of her present negotiations, there will be every 
reason to fear a long and an obstinate war, whereof 
the final event may be doubtful. That this view of 
affairs plainly points out the necessity for the greatest 
possible vigour in the operations of the next campaign, 
in order to dispossess the enemy of every part of the 
United States, and to put them in condition to treat of 
peace, and accept of a mediation, with the greatest ad- 
vantage; and the preparations for it ought to be as 
speedy and as effectual as possible. That France and 
Spain are prepared to make a very powerful diversion, 
VOL. II. 39 



3UC SjECRET JOURNAL. [Jan. £8, 

and will exert themselves most strenuously for pre- 
serving and improving their naval superiority, and for 
employing the powers of the enemy in Europe and the 
W«st Indies. The minister declared, as from himself, 
that he doubted not his most christian majesty will 
spare some ships to the United States, if it can be done 
without endangering his superiority at sea; and that 
an application made to the minister informally is more 
eligible than to the king, because it would give his 
majesty great pain to refuse the request, though he 
might be in no condition to grant it. That at all events 
supplies should be prepared on a supposition that the 
ships will be granted ; and such supplies should be put 
into the hands of the agent for the marine of France, 
and considered as the king's property. 

He desires to be informed, as far as Congress may 
deem proper, what force the United States can bring 
into the field next campaign ? On what resources they 
rely for their maintenance, and necessary appoint- 
ments ? And what shall be the general plan of the 
campaign, on supposition either of having, or not hav- 
ing, the aid of ships of war ? He gives it as his opinion, 
that an application for clothing may be made to his 
most christian majesty with prospect of success; and 
although measures have been taken for sending arms 
and warlike stores to America, yet it would be prudent 
in Congress not to neglect any other means for pro- 
curing those supplies, or supplies of clothing. 



1780.] FOREIGN AFFAIRS. 3OT 



JANUARY 31, 1780. 

Congress taking into consideration the foregoing 
communications, 

Resolved, That the following answer be given to 
the communications of the honourable the minister 
plenipotentiary of France : That Congress enter- 
tain the most grateful sense of the unremitting at- 
tention given to the interests of the United States by 
their illustrious ally j and consider the communications 
made to them by his minister under his majesty's 
special command as equally wise and interesting. 
That the confidence which they repose in his majesty, 
in consequence of his so generously interesting himself 
in the affairs of these United States, and the wisdom 
and magnanimity of his councils, determines them to 
give the most perfect information in their power of 
their resources, their views and their expectations. 

That to this end, they state as follows : That the 
United States have expectations on which they can 
rely with confidence of bringing into the field an army 
of 25,000 effective men, exclusive of commissioned 
officers. That this army can be reinforced by militia 
so as to be in force sufficient for any enterprises against 
the posts occupied by the enemy within the United 
States. That supplies of provisions for the army in 
its greatest number can certainly be obtained within 
the United States; and the Congress, with the co- 
operation of the several states, can take effectual 
measures for procuring them in such manner as that no 
operation will be impeded. That provision also for 



308 SECRET JOURNAL. [Jan. 31, 

such of the forces of his most christian majesty as may 
be employed in conjunction or co-operation with those 
of the United States, can be procured under the direc- 
tion of Congress ; and such provision shall be laid up 
in magazines, agreeably to such instructions as his 
majesty's minister plenipotentiary shall give; and the 
magazines shall be put under the direction of the agent 
of the marine of France. That Congress rely on the 
contributions of the states by taxes, and on moneys to 
be raised by internal loans for the pay of the army. 
That supplies of clothing, of tents, of arms and war- 
like stores, must be principally obtained from foreign 
nations; and the United States must rely chiefly on 
the assistance of their ally for them ; but every other' 
means for procuring them are already taken, and will 
be prosecuted with the greatest diligence. That the 
United States, with the assistance of a competent naval 
force, would willingly, during the next campaign, carry 
on the most vigorous offensive operations against the 
enemy in all the posts occupied by them within the 
United States. That without such naval force, little 
more can be attempted by them than straitening the 
quarters of the enemy, and covering the interior parts 
of the country. That their forces must be disposed in 
such manner as to oppose the enemy with the greatest 
effect, wheresoever their most considerable operations 
may be directed. That at present the southern states 
seem to be their principal object, and their design to 
establish themselves in one or more of them ; but their 
superiority at sea over the United States enables them 
to change their objects and operations with great 
facility, while those of the United States are rendered 



1780] FOREIGN AFFAIRS. 309 

difficult by the great extent of country they have to 
defend. That Congress are happy to find that his most 
christian majesty gives no credit to the suggestions of 
the British cabinet relative to the dispositions of the 
United Slates, or any of them, to enter into treaties of 
accommodation with Great Britain; and wish his 
majesty and all the powers of Europe to be assured, 
that such suggestions are insidious and without foun- 
dation. That it will appear by the constitutions and 
other publick acts of the several stales, that the citizens 
of the United States possessed of arms, possessed of 
freedom, possessed of political power to create and 
direct their magistrates as they think proper, are united 
in their determinations to secure to themselves and 
their posterity the blessings of liberty, by supporting 
the independence of their governments, and observing 
their treaties and publick engagements with immove- 
able firmness and fidelity. And the Congress assure 
his majesty, that should any individual in America bo 
found base enough to show the least disposition for 
persuading the people to the contrary, such individual 
would instantly lose all power of effecting his purpose, 
by forfeiting the esteem and confidence of the people. 

The said committee report, That in a second con- 
ference with the honourable the minister plenipoten- 
tiary of France he communicated to them — 

That his most christian majesty, being uninformed 
of the appointment of a minister plenipotentiary to 
treat of an alliance between the United States and his 
catholick majesty, has signified to his minister plenipo- 
tentiary to the United States, that he wishes most 



810 SECRET JOURNAL. [Jan. 3j, 

earnestly for such an alliance ; and in order to make 
the way thereto more easy, has commanded him to 
communicate to the Congress certain articles which 
his catholick majesty deems of great importance to the 
interests of his crown, and on which it is highly neces- 
sary that the United States explain themselves with 
precision, and with such moderation as may consist 
with their essential rights. 
That the articles are — 

1. A precise and invariable western boundary to 
the United States. 

2. The exclusive navigation of the river Mississippi. 
8. The possession of the Floridas ; and 

4. The lands on the left or eastern side of the river 
Mississippi. 

That on the first article, it is the idea of the cabinet 
of Madrid that the United States extend to the west- 
ward no farther than settlements were permitted by the 
royal proclamation bearing date the day of 

1763. 

On the second, that the United States do not con- 
sider themselves as having any right to navigate the 
river Mississippi, no territory belonging to them being 
situated thereon. 

On the third, that it is probable the king of Spain 
will conquer the Floridas during the course of the pre- 
sent war ; and in such event, every cause of dispute 
relative thereto between Spain and these United 
.States ought to be removed. 

On the fourth, that the lands lying on the east side 
of the Mississippi, whereon the settlements were pro- 
hibited by the aforesaid proclamation, are possessions 



J780.J FOREIGN AtTAIIlfa. 31 f 

of the crown of Great Britain, and proper objects 
against which the arms of Spain may be employed, for 
the purpose of making a permanent conquest for the 
Spanish crown. That such conquest may, probably, 
be made during the present war. That therefore it 
would be advisable to restrain the southern stales from 
making any settlements or conquests in those territo- 
ries. That the council of Madrid consider the United 
States as having no claims to those territories, either 
as not having had possession of them before the pre- 
sent war, or not having any foundation for a claim in 
the right of the sovereignty of Great Britain, whose 
dominion they have abjured. 

That his most christian majesty, united to the catho- 
lick king by blood and by the strictest alliances, and 
united with these states in treaties of alliance, and 
feeling towards them dispositions of the most perfect 
friendship, is exceedingly desirous of conciliating be- 
tween his catholick majesty and these United States, 
the most happy and lasting friendship. 

That the United States may repose the utmost con- 
fidence in his good will to their interests, and in the 
justice and liberality of his catholick majesty ; and that 
he cannot deem the revolution which has set up the in- 
dependence of these United States as past all danger 
of unfavourable events, until his catholick majesty and 
Uie United States shall be established on those terms 
of confidence and amity which are the objects of hi? 
most christian majesty's very earnest wishes. 



$12. SECRET JOURNAL. [May 19, 



APRIL 16, 1780. 

The committee, consisting of Mr. Forbes, Mr. Ma- 
thews and Mr. Houston, to whom was referred a re- 
port of the commissioners of accounts of the 25th 
October, 1779, on the accounts of the honourable John 
Adams, late one of the commissioners of the United 
States at the court of Versailles, report — 

That they do not find any vote or proceeding of 
Congress, nor are they informed of any general or re- 
ceived custom, on which the charge of moneys for the 
education of the accomptant's son can be admitted ; 
and though the same is inconsiderable, they are of 
opinion it ought to be rejected, that a precedent be not 
established. That they are of opinion that the charge 
for books ought to be admitted, on the ground of a 
practice which has obtained in different nations re- 
specting their publick ministers, and which is mention- 
ed by Mr. Adams in the explanations attending his 
vouchers. That they find the several charges in the 
said accounts conformable to the strictest principles of 
economy; and that as far as Mr. Adams has been 
entrusted with publick money, the same has been care- 
fully and frugally expended. 

Resolved, That Congress agree to the said report. 

MAY 19, 1780. 

Resolved, That bills be immediately drawn on Dr. 
Franklin for twenty-five thousand dollars, and on Mr. 
Jay for twenty-five thousand dollars, payable at sixty 
days sight. 



17«00 FOREFGN AFFAIRS. 315 



MAY 31, 1780. 

Resolved, That the board of treasury be empowered 
to address the bills of exchange, directed to be drawn 
by the resolution of the 19th of the present month, to 
the persons on whom they are directed to be drawn, 
respectively, or to the ministers at the respective 
courts of Versailles and Madrid. 

Resolved, That the committee for foreign affairs be 
directed to transmit letters of advice to the honourable 
Benjamin Franklin, and the honourable John Jay, 
respecting the bills directed to be drawn on them by 
the resolution of the I9ih of the present month. 

On a report from the committee of foreign affairs, 

Resolved, That Congress fully approve the conduct 
of their minister at the court of Versailles in reclaiming 
the prizes which were taken by the squadron lately 
commanded by captain John Paul Jones, and sent into 
the port of Bergen, in Norway ; and there, by an order 
of the court of Denmark, at the instance of the British 
minister, seized and returned. 

That the said minister be instructed to pursue sucii 
further measures for the recovery of the said prizes, or 
satisfaction for their detention, as he may judge most 
conformable to the views of Congress, who are deter- 
mined to assert the rights of a sovereign, independent 
nation. 

Resolved, That the establishment of the salaries of 

the honourable John Adams, and his secretary Mr. 

Dana, be transmitted to the minister plenipotentiary of 

these states at the court of Versailles, and that he be 
vofj. ii. 40 



314 SECRET JOURNAL. [June 20, 

directed to pay their drafts to the amount of their 
respective salaries, till Congress shall take further 
order for that purpose. 



JUNE 20, 1780. 

On a report from the committee of foreign affairs, 
Congress came to the following resolutions : 

Whereas Congress by their acts and proceedings of 
the 21st, 26th, and 30th of October, 1779, did appoint, 
empower and commissionate the honourable Henry 
Laurens, esquire, their agent in the United Provinces 
of the low countries, for obtaining loans of money oa 
behalf of the United States of North America : And 
whereas the said Henry Laurens hath been hitherto 
prevented from proceeding on the business of his said 
agency ; and no other person being authorized to 
transact the same until he, or some other appointed in 
his stead, shall repair thither and undertake the execu- 
tion thereof, a favourable occasion of promoting the 
interests of these states may, in the meantime, be lost : 

Resolved, Therefore, that the honourable John 
Adams, esquire, now at Paris, be appointed, empower- 
ed and commissionated to repair to the said United 
Provinces of the low countries, and there to execute 
all and singular the duties assigned to the said Henry 
Laurens, in the acts and proceedings aforesaid, relative 
to the borrowing of money on behalf of these states, 
until the said Henry Laurens, or some other person 
appointed in his stead, shall appear to undertake the 
execution thereof. 



1780.] FOREIGN AFFAIRS. -^]?. 

And whereas Congress, by their act of the 23d No- 
vember last, did resolve that bills to the amount therein 
mentioned should be drawn on the said Henry Lau- 
rens, part of which have been already sold and proba- 
bly remitted : 

Resolved, That the said John Adams be authorized 
and instructed to accept such of the said bills as may 
be presented previous to the arrival of the said Henry 
Laurens, or other person appointed in his stead as 
aforesaid. That such of the said bills as shall be re- 
spectively proved by jiropcr testimony to have been 
received in Holland, previous to the arrival of the said 
John Adams, shall be paid at the expiration of six 
months from the time they shall have respectively 
been received there, notwithstanding the six months 
sight at which they are drawn. That if, in the opinion 
of Mr. Adams, the state of the business of his present 
commission as minister plenipotentiary will not admit 
of his proceeding to Holland, or if at any time, by rea- 
son of any disability, he shall be prevented from pro- 
ceeding therein, the honourable Francis Dana, esquire, 
be, and he hereby is, vested with (he like powers ; and 
that a conditional commission be sent to him for that 
purpose. 

Ordered, That the committee of foreign affairs and 
the board of treasury transmit to the said John Adams 
all papers and documents whatsoever necessary for hts 
information and direction in the premises. 



316 SJECRET JOURNAL, [June 20 

THE COMMISSION TO JOHN ADAMS, ESQUIRE. 

The Unitpd States of America in Congress assem- 
bled, to the Honourable John Adams, Esquire, 
Greeting. 

Whereas by our commission to the honourable 
Henry Laurens, esquire, bearing date the 30th day of 
October, in the year of our Lord, 1779, we have con- 
stituted and appointed him the said Henry Laurens, 
during our pleasure, our agent for and on behalf of the 
said United Stales, to negotiate a loan with any per- 
son or persons, bodies politick and corporate : And 
whereas the said Henry Laurens has, by unavoidable 
accidents, been hitherto prevented from proceeding on 
the said agency : We, therefore, reposing especial trust 
and confidence in your patriotism, ability, conduct and 
fidelit}^, do by these presents constitute and appoint 
you the said John Adams, until the said Henry Lau- 
rens, or some other person appointed in his stead, shall 
arrive in Europe, and undertake the execution of the 
aforesaid commission, our agent for and on behalf of 
the said United Slates, to negotiate a loan with any 
person or persons, bodies politick and corporate, pro- 
mising in good faith to ratify and confirm whatsoever 
shall by you be done in the premises, or relating 
thereunto. 

Witness his excellency Samuel Huntington, esquire, 
President of the Congress of the United States of 
America, at Philadelphia, the 20th day of June, in the 



1780.] FOREIGN AFFAIRS. 31? 

year of our Lord, 1780, and in the fourth year of our 
independence. 

SAMUEL HUNTINGTON, President. 
Attest. 

Charles Thomson, Secretary. 

COMMISSION TO FRANCIS DANA, ESQUIRE. 

The United States of America in Congress assem- 
bled, to Francis Dana, Esquire, Greeting. 

Whereas by our commission to the honourable Henry 
Laurens, esquire, bearing date the 30ih day of Octo- 
ber, 1779, we have constituted and appointed him the 
said Henry Lnurens, during our pleasure, our agent for 
and on behalf of the United Stales, to negotiate a loan 
with any person or persons, bodies politick or corpo- 
rate : And whereas the said Henry Laurens having 
by unavoidable accidents been hitherto prevented 
from proceeding on his said agency : We have by our 
commission bearing equal date herewith, constituted 
and appointed the honourable John Adams, esquire, 
until the said Henry Laurens, or some other person 
appointed in his stead shall arrive in Europe, and un- 
dertake the execution of his aforesaid commission, our 
agent to negotiate a loan as aforesaid. 

And whereas it may so happen that the said John 
Adams, by reason of some disability arising from the 
state of the business of his present appointment, or 
otherwise, may be prevented from undertaking the exe- 
cution of the said commission, or having undertaken 
it, from proceeding therein : We, therefore, reposing 
especial trust and confidence in your patriotism, abili- 
ty, conduct and fidelity, do by these presents consti- 



ai8 SECRET JOURNAL. [June21„ 

lute and appoiiU you the said Francis Dana, in the 
event of the disability of the said John Adams, as 
aforesaid, until the said Henry Laurens, or some other 
person appointed in his stead, shall arrive in Europe, 
and undertake the execution of the aforesaid commis- 
sion, our agent for and on behalf of the said United 
States, to negotiate a loan with any person or persons, 
bodies politick or corporate, promising in good faith to 
ratify and confirm whatsoever shall by you be done 
in the premises, or relating thereto. 
Witness. &:c. as before. 



JUNE 21, 1780. 

The committee of foreign affairs, to whom was re- 
ferred a letter of May 23, from Mr. P. Henry, late 
governour of Virginia, report — 

That from the said letter and other papers laid be- 
fore them, as well as from the information of Mr. G. 
Anderson, they find that Mr. Arnold Henry Dohrman, 
merchant, of Lisbon, hath from the commencement of 
the present war manifested a warm and steady attach- 
ment to the cause and interests of the United States; 
that he hath expended large sums of money in carry- 
ing into practice schemes projected by him for assist- 
ing them with clothing and warlike stores, as well as 
in supplying great numbers of American prisoners car- 
ried into the ports of the kingdom of Portugal, with 
money and all other necessaries for their comfortable 
subsistence while there, and for their return to their 
own country by such routes as they preferred ; 
that from the great wealth and influence, and the fa- 



1780,] FOREIGN AFFAIRS. 31» 

vourable dispositions of the said Arnold H. Dohrman, 
many benefits might be derived to these states by ena- 
bling him to be more publickly and extensively useful 
under the sanction of authority from Congress ; that 
the committee are assured the said Mr. Dohrman 
wishes for no salary or emolument for his services, but 
simply a repayment of his advances, when it shall be 
most convenient : Whereupon, 

Resolved, That Arnold Henry Dohrman, of the city 
of Lisbon, merchant, be appointed agent for the United 
States, in the kingdom of Portugal, for the transaction 
of such affairs of the said states as may be committed 
to his direction. 

And whereas an intercourse and protection in the 
ports and harbours of the kingdom of Portugal would 
be of essential advantage to the ships and subjects of 
these states, and every means ought to be used to ob- 
tain such privilege : 

Resolved, That the minister plenipotentiary of these 
states at the court of Madrid be instructed to make 
application in such mode as he in his discretion may 
think most advisable for ascertaining the disposition 
of the court of Portugal, and to inform Congress 
whether any advantageous connexion can be formed 
with that power, and what privileges, if any, can be 
obtained for4|3e subjects and ships of these states. 

JULY 6, 1780. 

The committee of foreign afiairs, to whom was re- 
ferred a letter of the first, from Mr. H. Laurens, re- 
port as their opinion, That it is highly expedient that 



316 SECRET JOURNAL. [July 7, 

the honourable H. Laurens do repair to Europe 
without loss of time, in order to enter on the discharge 
of the commission to negotiate a loan, to which he has 
been appointed by Congress. 

Resolved, That Congress agree to the said report. 

JULY 7, 1780. 

On motion of Mr. Lovell, seconded by Mr. Sher- 
man, 

Resolved, That the commission which was agreed 
to on the first day of November, 1779, for the honoura- 
ble Henry Laurens, as a commissioner to negotiate a 
treaty of amity and commerce with the states general 
of the United Provinces of the low countries, be de- 
livered to him ; and that the consideration of the in- 
structions relative to the negotiation of the treaty be 
for the present deferred ; and that Mr. Laurens on his 
arrival in Holland inform himself of the state of affairs 
in that country, and advise Congress particularly 
thereof, that they may be able to decide with more 
certainty upon the terms on which such treaty ought 
to be settled. 

The minister of France having, in a note dated 
28th June, informed Congress that the court of Ma- 
drid has sent to the Havana a considerable body of 
forces to make a diversion in that quarter ; and that 
the governour of Havana desires that as much flour 
and fresh provisions, such as cattle, hogs, suet, lard 
and pulse, as can be spared, should be sent thither; 
and the minister having intimated that three thousand 
barrels of flour are immediately wanted, and that he 



1780.] POREIGN AFFAIRS. 321 

will undertake to have that quantity purchased and 
sent, if Congress approve the measure — the following 
answer was returned : 

That the minister ,of France be informed, that 
through the loss of Charleston, the numerous army the 
|; states are under the necessity of maintaining in the 
h southern department, the ravages of the enemy, and 
the lightness of the crops in the middle states, as well 
as the present extraordinary demand for the purposes 
of an effectual co-operation with the expected arma- 
||> ment of his most christian majesty, have not left these 
states in a situation to admit of any considerable ex- 
port of provisions ; yet Congress, desirous to testify 
their attention to the necessities of his catholick ma- 
jesty's colonies and armaments, and as far as lies in 
their power to compensate for the failure of supplies 
of rice, which an alteration in the circumstances of the 
southern stales has unhappily rendered it impractica- 
ble to afford, have resolved, that it be recommended to 
the state of Maryland to grant permission to such agent 
as the minister of France shall appoint,to purchase within 
that state any quantity of flour, not exceeding three 
thousand barrels, and to ship the same to such colonies 
of his catholick majesty in the West Indies as the mi- 
nister of France may direct. That many of the arti- 
cles mentioned in the memorial of the minister being 
such as the colonies of his catholick majesty furnish 
upon better terms than they can be procured from 
these states in their present situation, it is to be pre- 
sumed they will feel no inconvenience from Congress' 
not entering at this time into any dptermination thereon. 

vol.. TF. 41 



see SECRET JOURNAL. [Aug. 11, 

Resolved, That Congress will from time to time af- 
ford such supplies to the colonies of his catholick ma- 
jesty as their circumstances may require, and the situa- 
tion of these states enable them to grant. 

JULY" 10, 1780. 

On the report of a committee to whom were refer- 
red sundry letters from governour Galvez and O. 
Pollock- 
Resolved, That a copy of the capitulation of the 
inhabitants on the lake Pontchartrain, dated October 
IG, 1779, and copies of the letters of his excellency 
Bernardo de Galvez, governour of Louisiana, one dated 
8th May last, to the President of Congress, and the 
other to Oliver Pollock, dated 21st October last, be 
transmitted to the honourable John Jay. 

JULY 19, 1780. 

Ordered, That a warrant issue on the treasurer in 
favour of ihe board of admiralty, for thirty thousand 
dollars, to enable them to procure sea stores for the 
passage of the honourable H. Laurens. 

AUGUST 11, 1780. 

The committee to whom was referred the letter of 
Mr. R. Izard, laid before Congress an account exhi- 
bited by Mr. Izard against the United States for his 
expenses and salary, in which a balance of fifty-two 



1780.] FOREIGN AFFAIRS. 3'23 

thousand one hundred and thirteen livres is staled lo 

be due to Mr. Izard : Whereupon, 

Resolved, That the honourable Henry Laurens be 

and he is hereby authorized and directed to pay to the 
; order of the honourable Ralph Izard the sum of fifty- 
' two thousand one hundred and thirteen livres tournois, 

out of such moneys as he shall borrow for the use of 

these United States in Holland. 

SEPTEMBER 15, 1780. 

The minister plenipotentiary of France transmitted 
to Congress a letter of this date respecting the aboli- 
tion of the eleventh and twelfth articles of the treaty 
of commerce between the United States and his most 
christian majesty, with an authenticated copy of a de- 
claration of the king, whereof the following is a trans- 
lation : 

[See the publick journal, July 11, 1780.] 

OCTOBER 4, 1780. 

On the report of a committee to whom were referred 
certain instructions to the delegates of Virginia by their 
constituents, and a letter of the 26th May, from the 
honourable John Jay, Congress unanimously agreed to 
the following instructions to the honourable John Jay, 
minister plenipotentiary of the United States of Ameri- 
ca at the court of Madrid. 

That the said minister adhere to his former instruc- 
tions respecting the right of the United States of Ame- 
rica to the free navigation of the river Mississippi into 



324 SECRET JOURNAL. [Oct. 4, 

and from the sea ; which right, if an express acknow- 
ledgment of it cannot be obtained from Spain, is not 
by any stipulation on the part of America to be relin- 
quished. To render the treaty to be concluded be- 
tween the two nations permanent, nothing can more 
effectually contribute than a proper attention, not only 
to the present but the future reciprocal interests of the 
contracting powers. 

The river Mississippi being the boundary of several 
states in the union, and their citizens, while connected 
with Great Britain, and since the revolution, having 
been accustomed to the free use thereof in common with 
the subjects of Spain, and no instance of complaint or 
dispute having resulted from it, there is no reason to 
fear that the future mutual use of the river by the sub- 
jects of the two nations, actuated by friendly disposi- 
tions, will occasion any interruption to that harmony 
which it is the desire of America, as well as of Spain, 
should be perpetual. That if the unlimited freedom of 
the navigation of the river Mississippi, with a free port or 
ports below the 3 1st degree of north latitude, accessible 
to merchant ships, cannot be obtained from Spain, the 
said minister, in that case, be at liberty to enter into 
such equitable regulations as may appear a necessary 
security against contraband; provided the right of the 
United States to the free navigation of the river be not 
relinquished, and a free port or ports, as above de-^^ 
scribed, be stipulated to them. 

That with respect to the boundary alluded to in his 
letter of the 26th of May last, the said minister be and 
hereby is instructed to adhere strictly to the bounda- 
ries of the United States as already fixed by Congress. 



1780.] FOREIGN AFFAIRS. Wi 

Spain having by the treaty of Paris ceded to Great Bri- 
tain all the country to the north-eastward of the Missis- 
sippi, the people inhabiting these statts, while connect- 
ed with Great Britain, and also since the revolution, 
have settled themselves at divers places to the westward 
near the Mississippi, are friendly to the revolution, 
and being citizens of these United States, and subject 
to the laws of those to which they respectively belong, 
Congress cannot assign them over as subjects to any 
other power. 

That the said minister be farther informed, that in 
case Spain shall eventually be in possession of East 
and West Florida, at the termination of the war, it is 
of the greatest importance to these United States to 
have the use of the waters running out of Georgia 
through West Florida into the bay of Mexico, for the 
purpose of navigation ; and that he be instructed to 
endeavour to obtain the same, subject to such regula- 
tions as may be agreed on between the contracting 
parties ; and that as a compensation for this, he be 
and hereby is empowered to guaranty the possession 
of the said Floridas to the crown of Spain. 

OCTOBER 6, 1780. 

On motion of Mr. Sullivan, seconded by Mr. 
Duane, 

Resolved, That a committee be appointed to draft a 
letter to the ministers of the United States at the courts 
of Versailles and Madrid, to enforce the instructions 
given by Congress to Mr. Jay, by their resolutions of 
the 4th instant, and to explain the reasons and princi- 



92$ aiiCRET JOURNAL. [Oct. 17, 

pies on which the same are founded, that they may re- 
spectively be enabled to satisfy those courts of the 
justice and equity of the intentions of Congress, 

The members — Mr. Madison, Mr. Sullivan and 
Mr, Duane. 

OCTOBER 7, 170O. 

On motion of Mr. Sullivan, seconded by Mr. Ma- 
thews, 

Ordered, That a committee of four be appointed to 
draft a memorial to the court of Versailles, for the 
purpose of procuring aids and supplies for a vigorous 
prosecution of the war against Great Britain. 

The members — Mr. Howly, Mr. Vandyke, Mr. 
Ingersol and Mr, Henry. 



OCTOBER 17, 1780. 

The committee, appointed to prepare a letter to the 
ministers plenipotentiary of the United States at the 
courts of Versailles and Madrid, explaining the reasons 
and principles on which the instructions to Mr. Jay of 
the 4th instant are founded, reported a draft which was 
agreed to as follows : 

SIR, 

Congress having in their instructions of the 4th in- 
stant, directed you to adhere strictly to their former 
instructions relating to the boundaries of the United 
States, to insist on the navigation of the Mississippi 
for the citizens of the United States in common with 



J780.J roHEION ArFAIRS. Wl 

the subjects of his catholick majesty, as also on a free 
port or ports below the northern limit of West Florida, 
and accessible to merchant ships for the use of the 
former ; and being sensible of the influence which 
these claims on the part of the United States may have 
on your negotiations with the court of Madrid, have 
thought it expedient to explain the reasons and princi- 
ples on which the same are founded, that you may be 
enabled to satisfy that court of the equity and justice 
of their intentions. 

With respect to the first of these articles, by which 
the river Mississippi is fixed as the boundary between 
the Spanish settlements and the United States, it is 
unnecessary to take notice of any pretensions founded 
on a priority of discovery, of occupancy, or on con- 
quest. It is sufficient that by the definitive treaty of 
Paris, of 1763, article seventh, all the territory now 
claimed by the United States was expressly and irre- 
vocably ceded to the king of Great Britain; and that 
the United States arc, in consequence of the revolu- 
tion in their government, entitled to the benefits of that 
cession. 

The first of these positions is proved by the treaty 
itself. To prove the last, it must be observed, that it 
is a fundamental principle in all lawful governments, 
and particularly in the constitution of the British em- 
pire, that all the rights of sovereignty are intended for 
the benefit of those from whom they are derived, and 
over whom they are exercised. It is known also to 
have been held for an inviolable principle by the 
United States, while they remained a part of the Bri- 
tish empire, that the sovereignty of the king of Eng- 



328 SECRET JOURNAL. [Oct. If, 

land, with all the rights and powers included in it, did 
not extend to them in virtue of his being acknowledged 
and obeyed as king by the people of England, or of 
any other part of the empire, but in virtue of his being 
acknowledged and obeyed as king of the people of 
America themselves ; and that this principle was the 
basis, first of their opposition to, and finally of their 
aboHtion of, his authority over them. From these 
principles it results, that all the territory lying within 
the limits of the states, as fixed by the sovereign him- 
self, was held by him for their particular benefits, and 
must equally with his other rights and claims in quali- 
ty of their sovereign, be considered as having devolved 
on them, in consequence of their resumption of the 
sovereignty to themselves. 

In support of this position it may be further observ- 
ed, that all the territorial rights of the king of Great 
Britain, within the limits of the United States, accrued 
to him from the enterprises, the risks, the sacrifices, 
the expense in blood and treasure of the present in- 
habitants and their progenitors. If in latter times ex- 
penses and exertions have been borne by any other 
part of the empire, in their immediate defence, it need 
only be recollected, that the ultimate object of them 
was the general security and advantage of the empire ; 
that a proportional share was borne by the states 
themselves; and that if this had not been the case, the 
benefits resulting from an exclusive enjoyment of their 
trade have been an abundant compensation. Equity 
and justice therefore perfectly coincide, in the present 
Mistancc. with political and constitutional principles. 



1780.] FOREIGN AFFAIRS. 329 

No objection can be pretended against what is here 
said, except that the king of Great Britain was, at 
the time of the rupture with his catholick majesty, 
possessed of certain parts of the territory in question, 
and consequently that his catholick majesty had and 
still has a right to regard them as lawful objects of 
conquest. In answer to this objection, it is to be con- 
sidered, 1. That these possessions are few in num- 
ber and confined to small spots. 2. That a right 
founded on conquest being only coextensive with the 
I objects of conquest, cannot comprehend the circumja- 
cent territory. 3. That if a right to the said territory 
depended on the conquests of the British posts within 
it, the United States have already a more extensive 
claim to it than Spain can acquire, having by the suc- 
cess of their arms obtained possession of all the impor- 
tant posts and settlements on the Illinois and Wabash, 
rescued the inhabitants from British domination, and 
established civil government in its proper form over 
them. They have, moreover, established a post on a 
strong and commanding situation near the mouth of 
the Ohio: whereas Spain has a claim by conquest to 
no post above the northern bounds of West Florida, 
except that of the Natchez, nor are there any other 
British posts below the mouth of the Ohio for their 
arms to be employed against. 4. That whatever ex- 
tent ought to be ascribed to the right of conquest, it 
must be admitted to have limitations which in the pre- 
sent case exclude the pretensions of his catholick 
majesty. If the occupation by the king of Great 
Britain of posts within the limits of the United 
States, as defined by charters derived from the said 
VOL. II. 42 



330 SECRET JOURNAL, [Oct. 17, 

king when constitutionally authorized to grant them, 
makes them lawful objects of conquest to any other 
power than the United States, it follows that every 
other part of the United States that now is, or may 
hereafter fall into the hands of the enemy, is equally 
an object of conquest. Not only New York, Long 
Island, and the other islands in its vicinity, but almost 
the entire states of South Carolina and Georgia might, 
by the interposition of a foreign power at war with 
their enemy, be forever severed from the American 
confederacy, and subjected to a foreign yoke. But is 
such a doctrine consonant to the rights of nations, or 
the sentiments of humanity ? Does it breathe that spi- 
rit of concord and amity which is the aim of the pro- 
posed alliance with Spain ? Would it be admitted by 
Spain herself, if it affected her own dominions ? Were, 
for example, a British armament by a sudden enter- 
prise to get possession of a seaport, a trading town, or 
maritime province in Spain, and another power at war 
with Britain, should, before it could be re-conquered 
by Spain, wrest it from the hands of Britain, would 
Spain herself consider it as an extinguishment of her 
just pretensions ? Or would any impartial nation con- 
sider it in that light? As to the proclamation of the 
king of Great Britain of 1763, forbidding his gover- 
nours in North America to grant lands westward of the 
sources of the rivers falling into the Atlantick ocean, it 
can by no rule of construction militate against the 
present claims of the United States. That proclama- 
tion, as is clear both from the title and tenor of it, was 
intended merely to prevent disputes with the Indians, 
and an irregular appropriation of vacant land to indi- 



nsO.] FOREIGN AFFAIRS. 331 

viduals ; and by no means cither to renounce any 
parts of the cessions made in the treaty of Paris, or to 
affect the boundaries established by ancient charters. 
On the contrary, it is expressly declared that the lands 
and territory prohibited to be granted, were within 
the sovereignty and dominion of that crown, notwith- 
standing the reservation of them to the use of the 
Indians. 

The right of the United States to western territory 
as far as the Mississippi having been shown, there 
are sufficient reasons for them to insist on that right, 
as well as for Spain not to Avish a relinquishment 
of it. 

In the first place, the river Mississippi will be a 
more natural, more distinguishable, and more precise 
boundary than any other that can be drawn eastward 
of it; and consequently will be less liable to become a 
source of those disputes which too often proceed from 
uncertain boundaries between nations. 

Secondly, It ought not to be concealed, that al- 
though the vacant territory adjacent to the Mississip- 
pi should be relinquished by the United States to 
Spain, yet the fertility of its soil, and its convenient 
situation for trade, might be productive of intrusions 
by the citizens of the former, which their great dis- 
tance would render it difficult to restrain ; and which 
might lead to an interruption of that harmony which it 
is so much the interest and wish of both should be 
perpetual. 

Thirdly, As this territory lies within the charter 
limits of particular states, and is considered by them 
as no less their property than any other territory within 



332 SECRET JOURNAL. [Oct. 17, 

their limits, Congress could not relinquish it without 
exciting discussions between themselves and those 
states, concerning their respective rights and powers, 
which might greatly embarrass the publick councils 
of the United States, and give advantage to the com- 
mon enemy. 

Fourthly, The territory in question contains a num- 
ber of inhabitants, who are at present under the pro- 
tection of the United States, and have sworn allegiance 
to them. These could not by voluntary transfer be 
subjected to a foreign jurisdiction, without manifest 
violation of the common rights of mankind, and of 
the genius and principles of the American govern- 
ments. 

Fifthly, In case the obstinacy and pride of Great 
Britain should for any length of time continue an ob- 
stacle to peace, a cession of this territory, rendered of 
so much value to the United States by its particular 
situation, would deprive them of one of the material 
funds on which they rely for pursuing the war against 
her. On the part of Spain, this territorial fund is not 
needed for, and perhaps could not be applied to, the 
purposes of the war; and from its situation is other- 
wise of much less value to her than to the United 
States. 

Congress have the greater hopes that the preten- 
sions of his catholick majesty on this subject will not 
be so far urged as to prove an insuperable obstacle to 
an alliance with the United States, because they con- 
ceive such pretensions to be incompatible with the 
treaties subsisting between France and them, which 
are to be the basis and substance of it. By article 



1780.] FOREIGN AFFAIRS. SSS 

eleventh of the treaty of alliance, eventual and defen- 
sive, the possessions of the United States are guaran- 
tied to them by his most christian majesty. By article 
twelfth of the same treaty, intended to fix more precise- 
ly the sense and application of the preceding article, 
it is declared, that this guaranty shall have its full 
force and effect the nionienf. a rupture shall take place 
between France and England. All the possessions, 
therefore, belonging to the United States at the time 
of that rupture, which being prior to the rupture be- 
tween Spain and England, must be prior to all claims 
of conquest by the former, are guarantied to them by 
his most christian majesty. 

Now, that in the possessions thus guarantied was 
meant, by the contracting parties, to be included all 
the territory within the limits assigned to the United 
States by the treaty of Paris, may be inferred from the 
fifth article of the treaty abovementioned, which de- 
clares, that if the United States should think fit to at- 
tempt the reduction of the British power remaining in 
the northern parts of America, or the islands of Ber- 
mudas, <Sz;c., those countries shall, in case of success, 
be confederated with, or dependent upon, the United 
States. For, if it had been understood by the parties 
that the western territory in question, known to be of 
so great importance to the United States, and a reduc- 
tion of it so likely to be attempted by them, was not 
included in the general guaranty, can it be supposed 
that no notice would have been taken of it, when the 
parties extended their views, not only to Canada, but to 
• the remote and unimportant island of Bermudas. It 
is true that these acts between France and the United 



334 SECRET JOURNAL. [Oct. 17, 

States are in no respects obligatory on his caiholick 
majesty, unless he shall think fit to accede to them. 
Yet as they show the sense of his most christian majes- 
ty on this subject, with whom his catholick majesty is 
intimately allied ; as it is in pursuance of an express 
reservation to his catholick majesty in a secret act 
subjoined to the treaties aforesaid of a power to accede 
to those treaties, that the present overtures are made 
on the part of the United States ; and as it is parti- 
cularly stated in that act, that any conditions which his 
catholick majesty shall think fit to add, are to be ana- 
logous to the principal aim of the alliance, and con- 
formable to the rules of equality, reciprocity and 
friendship, Congress entertain too high an opinion of 
the equity, moderation and wisdom of his catholick 
majesty not to suppose, that, when joined to these 
considerations, they will prevail against any mistaken 
views of interest that may be suggested to him. 

The next object of the instructions is the free navi- 
gation of the Mississippi for the citizens of the United 
States, in common with the subjects of his catholick 
majesty. 

On this subject, the same inference may be made 
from article seventh of the treaty of Paris, which stipu- 
lates this right in the amplest manner to the king of 
Great Britain; and the devolution of it to the United 
States, as was applied to the territorial claims of the 
latter. Nor can Congress hesitate to believe, that 
even if no such right could be inferred from that trea- 
ty, that the generosity of his catholick majesty would 
not suffer the inhabitants of these states to be put into 
a worse condition, in this respect, by the alliance with 



1780] FOREIGN AFFAIRS. 3M 

him in the character of a sovereign people, than they 
were in when subjects of a power who was always 
ready to turn their force against his majesty; espe- 
cially as one of the great objects of the proposed al- 
liance is to give greater effect to the common exertions 
for disarming that power of the faculty of disturbing 
others. Besides, as the United States have an indis- 
putable right to the possession of the east bank of the 
Mississippi for a very great distance, and the naviga- 
tion of that river will essentially tend to the prosperity 
and advantage of the citizens of the United States that 
may reside on the Mississippi, or the waters running 
into it, it is conceived that the circumstances of Spain's 
being in possession of the banks on both sides near 
its mouth, cannot be deemed a natural or equitable bar 
to the free use of the river. Such a principle would 
authorize a nation disposed to take advantage of cir- 
cumstances to contravene the clear indications of na- 
ture and Providence, and the general good of mankind. 
The usage of nations accordingly seems in such 
cases to have given to those holding the mouth or 
lower parts of a river no right against those above 
them, except the right of imposing a moderate toll, 
and that on the equitable supposition, that such toll is 
due for the expense and trouble the former may have 
been put to. " An innocent passage (says Vattel) is 
" due to all nations with whom a state is at peace ; and 
"this duty comprehends troops equally with indivi- 
" duals." If a right to a passage by land through 
other countries may be claimed for troops, which are 
employed in the destruction of mankind, how much 



336 SECRET JOURNAL. [Oct. 17, 

more may a passage by water be claimed for com- 
merce, which is beneficial to all nations. 

Here again it ought not to be concealed, that the in- 
conveniences which must be felt by the inhabitants on 
the waters running westwardly, under an exclusion 
from the free use of the Mississippi, would be a con- 
stant and increasing source of disquietude on their 
part, of more vigorous precautions on the part of 
Spain, and of an irritation on both parts, which it is 
equally the interest and duty of both to guard against. 

But notwithstanding the equitable claim of the Unit- 
ed States to the free navigation of the Mississippi, and 
its great importance to them, Congress have so strong 
a disposition to conform to the desires of his catholick 
majesty, that they have agreed that such equitable re- 
gulations may be entered into as may be a requisite 
security against contraband ; provided, the point of 
right be not relinquished, and a free port or ports be- 
low the thirty-first degree of north latitude, and acces- 
sible to merchant ships, be stipulated to them. 

The reason why a port or ports, as thus described, 
was required must be obvious. Without such a stipu- 
lation, the free use of the Mississippi would in fact 
amount to no more than a free intercourse with New 
Orleans and other ports of Louisiana. From the ra- 
pid current of this river, it is well known that it must 
be navigated by vessels of a peculiar construction, 
and which will be unfit to go to sea. Unless, there- 
fore, some place be assigned to the United States 
where the produce carried down the river, and the 
merchandise arriving from abroad, may be deposited 
till they can be respectively taken away by the pro- 



1780.] FOREIGN AFFAIRS. 337 

per vessels, there can be no such thing as a foreign 
trade. 

There is a remaining consideration respecting the 
navigation of the Mississippi which deeply concerns 
the nnaritime powers in general, but more particularly 
their most christian and catholick majesties. The 
country watered by the Ohio, with Its large branches, 
having their sources near the lakes on one side, and 
those running north-westward and falling into it on the 
other side, will appear from a single glance on a map 
to be of vast extent. The circumstance of its being 
so finely watered, added to the singular fertility of its 
soil, and other advantages presented by a new country, 
will occasion a rapidity of population not easy to be 
conceived. The spirit of emigration has already 
shown itself in a very strong degree, notwithstanding 
the many impediments which discourage it. The 
principal of these impediments is the war with Britain, 
which cannot spare a force sufficient to protect the 
emigrants against the incursions of the savages. In a 
very few years after peace shall take place, this coun- 
try will certainly be overspread with inhabitants. In 
like manner as in all new settlements, agriculture, not 
manufactures, will be their employment. They will 
raise wheat, corn, beef, pork, tobacco, hemp, flax, and 
in the southern parts, perhaps, rice and indigo, in great 
quantities. On the other hand, their consumption of 
foreign manufactures will be in proportion, if they can 
be exchanged for the produce of their soil. There 
are but two channels through which such commerce can 
be carried on ; the first is down the river Mississippi ; 
the other is up the rivers having their sources near the 
VOL. II. 4:1 



338 SECRET JOURNAL. [Oct. 17, 

lakes, thence by short portages to the lakes, or the 
rivers falling into them, and thence through the lakes 
and down the St, Lawrence. The first of these chan- 
nels is manifestly the most natural, and by far the most 
advantageous. Should it however be obstructed, the 
second will be found far from impracticable. If no 
obstrurtions should be thrown in its course down the 
Mississippi, the exports from this immense tract of 
country will not only supply an abundance of all ne- 
cessaries for the West India islands, but serve for a 
valuable basis of general trade, of which the rising 
spirit of commerce in France and Spain will no doubt 
particularly avail itself. The imports will be propor- 
tionally extensive ; and from the climate, as well as 
from other causes, will consist of the manufactures of 
the same countries. On the other hand, should ob- 
structions in the Mississippi force this trade into acon- 
trary direction through Canada, France and Spain, 
and the other maritime powers will not only lose the 
immediate benefit of it themselves, but they will also 
suffer by the advantage it will give to Great Britain. 
So fair a prospect could not escape the commercial sa- 
gacity of this nation. She would embrace it with 
avidity. She would cherish it with the most studious 
care. And should she succeed in fixing it in that 
channel, the loss of her exclusive possession of the 
trade of the United States might prove a much less 
decisive blow to her maritime pre-eminence and tyran- 
ny than has been calculated. 

The last clause of the instructions, respecting the 
navigation of the waters running out of Georgia through 
West Florida, not being included in the ultimatum, nor 



1780.] FOREIGN AFFAIRS. Sf 

claimed on a footing of right, requires nothing to be 
added to what it speaks itself. 

The utility of the privileges asked to the state of 
Georgia, and consequently to the union, is apparent 
from the geographical representation of the country. 
The motives for Spain to grant it must be found in her 
equity, generosity, and disposition to cultivate our 
friendship and intercourse. 

These observations you will readily discern are not 
communicated in order to be urged at ail events, and 
as they here stand in support of the claims to which 
they relate. They are intended for your private in- 
formation and use, and are to be urged so far, and in 
such forms only, as will best suit the temper and senti- 
ments of the court at which you reside, and best fulfil 
the objects of them. 

OCTOBER 18, 1780. 

On the report of a committee to whom were referred 
the letters of 23d and 24th March last, from the ho- 
nourable John Adams, minister plenipotentiary of the 
United States for negotiating a treaty of peace and a 
treaty of commerce with Great Britain, 

Resolved, That the said minister be informed, it is 
clearly the opinion of Congress (hat a short truce 
would be highly dangerous to these United States. 

That if a truce be proposed for so long a period, or 
for an indefinite period, requiring so long notice pre- 
vious to a renewal of hostilities as to evince that it is. 
on the part of Great Britain, a virtual relinquishment 
of the object of the war, and an expedient only to 



340 SECRET JOURNAL. [Oct. 18, 

avoid the mortification of an express acknowledgment 
of the independence and sovereignty of these United 
States, the said minister be at liberty, with the concur- 
rence of our ally, to accede thereto ; provided, the 
removal of the British land and naval armaments from 
the United States be a condition of it. 

That in case a truce shall be agreed on by the bel- 
ligerent parties, Congress rely on his attention and 
prudence to hold up the United States to the world in 
a style and title not derogatory to the character of an 
independent and sovereign people. 

That with respect to those persons who have either 
abandoned or been banished from any of the United 
States, since the commencement of the war, he is to 
make no stipulations whatsoever for their readmit- 
lance ; and as to an equivalent for their property, he 
may attend to propositions on that subject only on a 
reciprocal stipulation, that Great Britain will make 
full compensation for ail the wanton destruction which 
the subjects of that nation have committed on the pro- 
perty of the citizens of the United States. 

That, in a treaty of peace, it is the wish of Congress 
not to be bound by any publick engagement to admit 
British subjects to any of the rights or privileges of 
citizens of the United States ; but at all times to be 
at liberty to grant or refuse such favours, according as 
the publick interest and honour may dictate ; and that 
it is their determination not to admit them to a full 
equality in this respect with the subjects of his most 
christian majesty, unless such a concession should be 
deemed by the said minister preferable to a continu- 
ance of the war on that account. 



1780.] FOREIGN AFFAIRS. Stt 



OCTOBER 25, 1780. 

The committee, consisting of Mr. Cornell, Mr. Mat- 
lock, Mr. Houston, Mr. Duane and Mr. Henry, re- 
port — 

That on the 15th day of June, 1779, Congress 
agreed upon a representation and request to his most 
christian majesty, setting forth that the supplies of 
arms, ammunition and clothing for our armies have 
ever since the war been irregular, fortuitous, and scan- 
ty; and therefore requesting his majesty to furnish us 
with these necessary supplies, and pledging the faith 
of these states for the repayment with interest of 
whatever sums may be advanced for that purpose, as 
soon as the restoration of peace shall have enabled 
us. That on the 10th of July following, the board of 
war laid before Congress an estimate of the articles 
for their department, copies of which were ordered to 
be transmitted with the representation to his most 
christian majesty. That our minister at the court of 
Versailles, in his despatches of the 4th of March last, 
assures Congress that the disposition of that court con- 
tinued as favourable as ever, though it could not com- 
ply with all our demands. That the supplies required 
in the invoices sent to him appeared too great and nu- 
merous to be immediately furnished. That three mil- 
lions of livres were however granted him, with which, 
after deducting what would be necessary to pay the 
interest bills and other late drafts of Congress, he 
could not venture on ordering more than ten thousand 
suits of clothes ; and that with these he should have 



942 SECRET JOURNAL. [Oct. 25, 

fifteen thousand arms and accoutrements ; and that in 
the Alliance would go over a great deal of cloths pur- 
chased by Mr. Ross, which it was computed would 
make seven or eight thousand suits more. 

That the said minister in the said letter repeats his 
earnest request, that some person of skill in maritime 
affairs may be appointed in the character of consul to 
take charge of them, he himself being unexperienced 
in such affairs ; and that in a letter of the 4th of Octo- 
ber, preceding, he expresses his wish that his time and 
attention were not taken up by any concerns in mer- 
cantile affairs, and be thereby diverted from others 
more important : Whereupon, 

Resolved, That it is necessary to obtain as far as 
possible the supplies of clothing, medicines, arms, and 
ammunition requested from his most christian majesty 
on loan ; as well as without loss of time to import 
such of the clothing and other articles as have been 
granted, or purchased in France for the publick use. 
That for these and other purposes a consul be ap- 
pointed to reside in France, whose duty it shall be, in 
addition to his consular functions, to receive and for- 
ward all supplies to be obtained in that kingdom for 
the use of the United States, and to assist in directing 
our naval affairs. 

That the board of admiralty be and hereby is di- 
rected, to report to Congress the reasons that the pub- 
lick clothing and military stores have not been import- 
ed agreeably to the intentions of our minister at the 
court of Versailles. 



1780.) FOREIGN AFFAIRS. SIS 

Ordered, That Monday next be assigned for the 
election of a consul to reside in France for the purpo- 
ses abovementioned. 



NOVEMBER 17, 1780. 

Resolved, That in the application to be made for a 
foreign loan, it be represented to his most christian 
majesty, that these United States stand in need of 
twenty-five millions of livres to enable them (o carry on 
the next campaign with vigour and success ; and that 
a representation be made of the measures already 
taken by Congress to procure loans in Spain and Hol- 
land, and the firm reliance of Congress on the interpo- 
sition of his most christian majesty to render those 
applications efiectual, if it shall be inconsistent with 
the state of his own finances to advance that sum to 
the United States. 



NOVEMBER 22, 1780. 

On the report of a committee. Congress agreed to 
the following letter and representation to his most 
christian majesty. 

The United States of America in Congress assem- 
bled, to their Great, Faithful and Beloved Friend 
and Ally, Lewis the sixteenth, King of France 
and Navarre, 

GREAT, FAITHFUL AND BELOVED FRIEND AND ALLY, 

Persuaded of your majesty's friendship, and of your 
earnest desire to prosecute the war with glorv and 



i44 SECRET JOURNAL. [Nov. 2^ 

advantage to the alliance, we ought not to conceal 
from your majesty the embarrassments which have at- 
tended our national affairs, and rendered the last cam- 
paign unsuccessful. 

A naval superiority in the American seas having 
enabled the enemy, in the midst of last winter, to 
divide their army, and extend the war in ike southern 
states, Charleston was subdued before a sufficient force 
could be assembled for its relief. 

With unabated ardour, and at a vast expense, we pre- 
pared for the succeeding campaign ; a campaign from 
which, in a dependence on the co-operation of the 
squadron and troops generously destined by your ma- 
jesty for our assistance, we had formed the highest 
expectations. Again the enemy frustrated our mea- 
sures. Your majesty's succours were confined within 
the harbour of Newport, while the main body of the 
British army took refuge in their fortresses, and under 
protection of their marine, declining to hazard a bat- 
tle in the open field ; and, regardless of their rank 
among civilized nations, they descended to wage a 
predatory war. Britons and savages united in sudden 
irruptions on our northern and western frontiers, and 
marked their progress with blood and desolation. 

The acquisition of Charleston, with the advantages 
gained in Georgia, and the defeat of a small army 
composed chiefly of militia, which had been hastily col- 
lected to check their operations, encouraged the British 
commander in that quarter to penetrate through South 
Carolina into the interiour parts of North Carolina. 
And the ordinary calamities of war were imbittered by 
implacable vengeance. They did not, however, long 



1780.] FOREIGN AFFAIRS. ^5 

enjoy their triumph. Instead of being depressed, im- 
pending danger served only to rouse our citizens to 
correspondent exertions ; and by a series of gallant 
and successful enterprises they compelled the enemy to 
* retreat with precipitation and disgrace. 

They seem however resolved, by all possible efforts, 
not only to retain their posts in Georgia and South Ca- 
rolina, but to renew their attempts on North Carolina, 
To divert the reinforcements destined for those states, 
they are now executing an enterprise against the sea- 
coast of Virginia ; and from their preparations at New 
York, and intelligence from Europe, it is manifest that 
the four southern states will now become a principal 
object of their hostilities. 

It is the voice of the people, and the resolution of 
Congress, to prosecute the war with redoubled vigour, 
and to draw into the field a permanent and well ap- 
pointed army of thirty-five thousand regular troops. 
By this decisive effort, we trust that we shall be able, 
under the divine blessing, so effectually to co-operate 
with your majesty's marine and land forces, as to expel 
the common enemy from our country, and render the 
great object of the alliance perpetual. But to accom- 
plish an enterprise of such magnitude, and so interest- 
ing to both nations, whatever may be our spirit and 
our exertions, we know that our internal resources must 
prove incompetent. The sincerity of this declaration 
will be manifest from a short review of our circum- 
stances. 

Unpractised in military arts, and unprepared with 

J~ the means of defence, we were suddenly invaded by a 
formidable and vindictive nation. We supported the 

VOL. II. -14 



546 5SECRET JOURNAL. [Not. 2Si 

unequal conflict for years with very little foreign aid 
but what was derived from your majesty's generous 
friendship. Exertions uncommon, even among the 
most wealthy and best established governments, neces- 
sarily exhausted our finances, plunged us into debt, 
and anticipated our taxes ; while the depredations of 
an active enemy by sea and land made deep impres- 
sion on our commerce and our productions. Thus en- 
compassed with difficulties, in our representation ta 
your majesty of June 15, 1779, we disclosed our wants, 
and requested your majesty to furnish us with clothing, 
arms and ammunition for the last campaign, on the 
credit of the United States. We entertain a lively 
sense of your majesty's friendly disposition in enabling 
our minister to procure a part of those supplies, of 
which, through unfortunate events, a very small pro- 
portion hath arrived. The sufferings of our army, from 
this disappointment, have been so severe that we must 
rely on your majesty's attention to our welfare for ef- 
fectual assistance. The articles of the estimate trans- 
mitted to our minister are essei;iial to our army ; and 
we flatter ourselves that, through your majesty's inter- 
position, they will be supplied. 

At a time when we feel ourselves strongly impressed 
by the weight of past obligations, it is with the utmost 
reluctance that we yield to the emergency of our af- 
fairs in requesting additional favours. An unreserved 
confidence in your majesty, and a well-grounded assu- 
rance that we ask no more than is necessary to enable 
us effectually to co-operate with your majesty in ter- 
minating the war with glory and success, must be our 
justification. 



1780.] FOREIGN AFFAIRS. Mf 

It is well known that when the king of Great Britain 
found himself unable to subdue the populous stales of 
North America by force, or to seduce them by art to 
relinquish the alliance with your majesty, he resolved 
to protract the war, in expectation that the loss of our 
commerce, and the derangement of our finances, must 
eventually compel us to submit to his domination. 
Apprised of the necessity of foreign aids of money to 
support us in a contest with a nation so rich and power- 
ful, we have long since authorized our minister to bor- 
row a sufficient sum in your majesty's dominions, and 
in Spain, and in Holland, on the credit of these United 
Slates. 

We now view the prospect of a disappointment 
with the deeper concern, as the late misfortunes in 
the southern states, and the ravages of the northern 
and western frontiers have, in a very considerable 
degree, impaired our internal resources. From a 
fall investigation of our circumstances it is manifest, 
that in aid of our utmost exertions a foreign loan of 
specie, at least to the amount of twenty-five millions 
of livres, will be indispensably necessary for a vigorous 
prosecution of the war. On an occasion in which the 
independence of these United States and your majes- 
ty's glory are so intimately connected, we are con- 
Strained to request your majesty eifectually to support 
the applications of our ministers for that loan. So es- 
sential is it to the common cause, that we shall without 
it be pressed with wants and distresses, which may 
render all our eftbrts languid, precarious, and indeci- 
sive. Whether it shall please your majesty to stipu- 
late for this necessary aid as our security, or to advance 



348 SECRET JOURNAL. [Nov. 29^ 

it from your royal coflVrs, we do hereby solemnly 
pledge tlie faith of these United States to indemnify, 
or reimburse your majesty, according to the nature of 
the case, both for principal and interest, in such man- 
ner as shall be agreed upon with our minister at your 
majesty's court. 

We beseech the Supreme Disposer of events to keep 
your majesty in his holy protection, and long to con- 
tinue to France the blessings arising from the admi- 
nistration of a prince who nobly asserts the rights of 
mankind. 

Done at Philadelphia, the 22d day of November, 
in the year of our Lord, 1780, by the Congress 
of the United States of North America, and in the 
fifth year of our independence. 

Your faithful friends and allies. 

Signed, SAM'L. HUNTINGTON, President. 

Attest. 
Charles ThomsOxM, Secretary. 

NOVEMBER 28, 1780. 

On the report of a committee, consisting of Mr. 
Duane, Mr. Madison and Mr. Houston, appointed to 
prepare instructions to the minister plenipotentiary of 
the United States at the court of Versailles, Congress 
agreed to the following instructions to Dr. Franklin : 

SIR, 

The letter to his most christian majesty which ac- 
companies these instructions you will deliver without 
loss of time. You will on all occasions, and in the 



J780.] FOREIGN AFFAIRS. SMi 

Strongest terms, represent the unalterable resolution of 
these United States to maintain their liberties and in- 
dependence, and inviolably to adhere to the alliance at 
every hazard, and in every event. That the misfor- 
tunes of the last campaign instead of repressing, have 
redoubled their ardour. That Congress are resolved 
to employ every resource in their power to expel the 
enemy from every part of the United Slates, by the 
most vigorous and decisive co-operation with the ma- 
rine and troops of their illustrious ally. That they have 
called for a powerful army, and ample supplies of pro- 
tisions, and that the states are disposed effectually to 
comply with their requisitions. That, if in aid of our 
own exertions, the court of France can be prevailed 
on to assume a naval superiority in the American seas, 
to furnish the arms, ammunition and clothing speci- 
fied in the estimate herewith transmitted, atid to assist 
us with the loan mentioned in the letter, we flatter our- 
selves, that under the divine blessing, the war must be 
speedily terminated with glory and advantage to both 
nations. To procure these necessary aids you will 
employ unremitted attention, and your utmost abilities. 
Your own knowledge of our circumstances, and the 
facts suggested in the letter, will supply you with 
abundant arguments to enforce our requisition. 

2. You will give colonel Palfrey, lately paymaster 
general for our armies, and now our consul in France, 
all the support which is necessary for the exercise of 
his consular functions, as well as for the effectual exe- 
cution of the special authority and instructions which 
he will communicate. The sufferings of our army for 
want of the clothing and arms which the grant of his 



350 SECRET JOURNAL. [Nov.'«^ 

most christian majesty and your own despatches gave 
us reason to expect, and the absolute and increasing 
necessity of their being immediately forwarded, to give 
eflScacy to our future operations, will sufficiently im- 
press upon you the dangerous consequences of a further 
disappointment. 

3. With respect to the loan, we foresee, that the sum 
which we ask will be greatly inadequate to our wants. 
We wish, however, to depend as much as possible on 
our own internal exertions. In this negotiation the 
state of our finances requires, that you should endea- 
vour to procure as long a respite after the war, for pay- 
ment of the principal, as may be in your power. You 
may agree for an interest not exceeding the terms al- 
lowed or given on national security in Europe, endea- 
vouring to suspend the discharge of the interest for 
two or three years, if possible. 

You are hereby empowered to pledge the faith of 
the United States, by executing such securities or ob- 
ligations for the payment of the money as you shall 
think proper ; and also that the interest shall not be 
reduced, nor the principal paid, during the term for 
which the same shall have been borrowed, without the 
consent of the lenders, or their representatives. You 
are to stipulate for the payment of both principal and 
interest in specie. The loan must prove ineffectual, 
unless the specie is actually remitted. Experience has 
shown that the negotiation of bills is attended with un- 
supportable loss and disadvantage. His most christian 
majesty, we are persuaded, will see in the strongest 
light the necessity of despatching an effective naval 
armament to the American seas. This is a measure 



t 



1780.] FOREIGN AFFAIRS. aH 

of such vast moment, that your utmost address will be 
employed to give it success. By such a conveyance, 
the specie may be remitted, in different ships of war, 
with a prospect of safety. 

4. We have received a letter from Stephen D'Au« 
dibert Caille, at Sale, of which the enclosed is a copy, 
wherein he styles himself consul for unrepresented na- 
tions at the court of the emperor of Morocco. If you 
shall see no objections to the contrary, you will cor- 
respond with him, and assure him in the name of Con- 
gress, and in terms the most respectful to the empe- 
ror, that we entertain a sincere disposition to cultivate 
the most perfect friendship with him, and are desirous 
to enter into a treaty of commerce with him ; and that 
we shall embrace a favourable opportunity to announce 
our wishes in form. 



DECEMBER 8, 1780. 

On motion of Mr. Sullivan, seconded by Mr. Bee, 
Resolved, That an envoy extraordinary be appoint- 
ed to proceed to the court of Versailles for the special 
purpose of soliciting, in conjunction with our minister 
plenipotentiary at that court, the aids requested by 
Congress, and forwarding them to America without loss 
of time. 

Ordered, That Monday next be assigned for elect- 
ing the said envoy. 



SECRET JOURNAL. [Dec. 9, 



DECEMBER 9, 1780. 

On the report of a committee, consisting of Mr. 
Houston, Mr. Lovell and Mr. Motte, to whom were 
referred a letter of the 9th November, from William 
Palfrey, accepting the office of consul. Congress agreed 
to the following commission and instructions : 

The Congress of the United States of North Ameri- 
ca to William Palfrey, Esquire, Greeting. 

We, reposing special trust and confidence in your 
abilities and integrity, do by these presents constitute 
you our consul in France, during our pleasure, to exer- 
cise the functions, and to enjoy all the honours, autho- 
rities, pre-eminences, privileges, exemptions, rights 
and emoluments to the said office appertaining. 

And we do hereby enjoin it upon all merchants of 
these United States, and upon all captains, masters 
and commanders of ships and other vessels, armed or 
unarmed, sailing under our flag, as well as all others 
of our citizens, to acknowledge the said Wdliam Pal- 
frey, and to obey him in his consular quality ; praying 
and requesting our very dear great friend and ally his 
most christian majesty, his governours and other offi- 
cers whom it may concern, to pefmit the said William 
Palfrey fully and peaceably to enjoy the said office, 
without giving or suffering to be given any molesta- 
tion or trouble to him, but on the contrary to afford 
him all countenance and assistTnce, offering to do the 
same for all those who shall be in like manner recom- 
mended to us bv hira. 



780.] FOREIGN AFFAIRS. 319 

In testimony whereof, we have caused these pre- 
sents to be given in Congress, at Philadelphia, the 
ninth day of December, in the year of our Lord, 
1780, and the fifth year of our independence. 

Signed, S. H. President. 

Attest. 

C. T. Secretary. 

INSTRUCTIONS TO WILLIAM PALFREY, ESQUIRE. 
SIR, 

Herewith you will receive a conrjmission constituting 
you our consul in France during our pleasure. 

You are at liberty to fix your residence at that port 
which may be best adapted to the execution of ihe 
powers entrusted to you. 

For, besides your proper consular functions, you are 
to receive and forward all supplies to be obtained in 
that kingdom for the use of the United States, and to 
assist in directing our naval affairs. 

You will regularly transmit to us accounts of the 
civil and military constitutions of the place where you 
reside, of its advantages for commerce with the world 
in general, and especially with these United States. 

You will give to our minister plenipotentiary in 
France such observations as you may from time to time 
make or obtain, tending to promote through him the 
service of your country. 

You will receive from America, according as good 

opportunities present, funds for the discharge of your 

duties as our commercial agent. But at your first 

arrival, and in cases of absolute necessity, you are 

VOL. 11. 45 



3M tiECftET JOURNAL. [Dec. 9, 

authorized to draw upon our minister plenipotentiary 
in France, taking care always to give him early notice 
of such necessities, that he may aid you from funds 
procured on our account, without doing injury to our 
other concerns. 

You may also draw, under like circumstances, upon 
other funds which you shall know to have been pro- 
cured for us in Europe. 

You are hereby authorized and instructed to call for 
any property belonging to these United States, and now 
in the hands of any persons who have acted as agents 
for us in France, so that you may obtain a comprehen- 
sive view of our effects there, and may contrive the 
best modes of transmitting them to America. 

You will also carefully attend to such instructions as 
we shall from time to time communicate to you, either 
directly, or through our minister plenipotentiary. 

Done in Congress, the ninth day of December, in the 
year of our Lord, one thousand seven hundred 
and eighty, and in the fifth year of the indepen- 
dence of North America. 

A motion was made by Mr. Bland, seconded by Mr, 
Bee, That all the powers, authorities and privileges 
conferred on William Palfrey, in the commission and in- 
structions appointing him consul in France, and general 
agent for commercial afiairs in that kingdom on the 
part of the United States, be suspended unlil he give 
bond with three sufficient securities in for 

the due jjerformance of his offi:e of agent ; and that he 
lake an oath before the chief justice of the state of 



1780.] 



FOREIGN AFFAIRS. 



39B 



Pennsylvania for tho duo performance of the office of 
consul, a copy of Vifhich oath, together with the bond, 
to be lodged in the office of the secretary of Con- 
gress. 

A motion was made by Mr. Sharpe, seconded by 
Mr. Sullivan, to postpone the consideration of the fore- 
going motion. And on the question for postponing, 
the yeas and nays being required by Mr. Bland — 



New Hampshire, Mr. Sullivan, 

Massachusetts Bay,Mr. S. Adams, 
Mr. Lovell, 



)>Ay. 

Ay-JAv. 



Ay 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 
Virginia, 



Mr. Cornell, 



>Av. 



Mr. Huntington, Ay. ^ 
Mr- Wolcott, Ay. > Ay. 

Mr. Root, Ay. ) 



Mr. Floyd, 

Mr. Clarke, 

Mr. Witherspoon, Ay 



Mr. Clymer, 

Mr. Madison, 
Mr. Bland, 



North Carolina, Mr. Sharpe, 

South Carolina, Mr. Mathews, 
Mr. Bee, 



)>Ay. 

Ay;|Av. 
)>Ay. 

^•Av.x 

No. 5 ^ 



IVIDEO. 



IVIDED. 



Georgia, 



Mr. Few, 
Mr. Howly,. 



^y- 1 Ay 



So it was resolved in the affirmative. 



^3S6 



SECRET JOURNAL. 



[Dec. 11, 



DECEMBER 11, 1780. 

A motion was made by Mr. Witherspoon, seconded 
by Mr. Burnet, to reconsider the resolution for ap- 
pointing an envoy extraordinary. And on the question 
to reconsider, the yeas and nays being required by Mr. 
Duane — 



New Hampshire, Mr. SulHvan, 



>No. 



Massachusetts Bay, Mr. 
Mr. 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 

Maryland, 
Virginia, 

North Carolina, 



S. Adams, Ay. ^ 
Lovell, Ay.> Ay. 

Ward, Ay. ) 



Mr. 

Mr. Cornell, 



>'No. 



Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 

Mr. 
Mr. 

Mr. 
Mr. 



Huntington, Ay. 
Wolcott, Ay 
Root, Ay 



Duane, 
Floyd, 






Witherspoon, Ay. ^ 
Clarke, Ay. > Ay. 

Burnet, Ay. ) 

Montgomery, Ay. ^ 
Atlee, 

Hanson, 



Madison, 
Bland, 

Jones, 
Sharpe, 



No.^ 

>-Ay. X 

;|no. 



No 



IVIDED. 



No. 
No 



1780.] FOREIGN AFFAIRS. 3S» 

South Carolina, Mr. Mathew8, No. ^ 

Mr. Bee, No. V No. 

Mr. Motte, No. ) 

Georgia, Mr. Walton, No. ^ 

Mr. Few, No. > No. 

Mr. Howiy, No.) 

So it passed in the negative. 

Congress proceeded to the election of an envoy ex- 
traordinary; and the ballots being taken, colonel John 
Laurens was unanimously elected. 

Resolved, That a committee of three be appointed 
to prepare the draft of a commission ahd instructions 
to colonel Laurens. 



DECEMBER \5, 1780. 

Whereas a good understanding and friendly inter- 
course between the subjects of her imperial majesty the 
empress of all theRussias and these United States may 
be for the mutual advantage of both nations : 

Resolved, That a minister be appointed to reside at 
the court of the empress of Russia. 

Ordered, that Monday next be assigned for electing 
such minister. 

Ordered, that a committee of three be appointed to 
prepare a commission and draft of instructions for the 
said minister. 

DECEMBER 19, 1780. 

Congress proceeded to the election of a minister to 
reside at the court of the empress of Russia ; and the 



358 SECRET JOURNAL. [Dec. 19, 

ballots being taken, the honourable Francis Dana was 
elected. 

On the report of the committee, consisting of Mr. 
Duanc, Mr. Withcrspoon and Mr. Madison, appointed 
to prepare a commission and draft of instructions for 
the said minister, Congress agreed to the following. 

COMMISSION TO THE HONOURABLE FRANCIS DANA. 

The United Stales of New Hampshire, Massachu- 
setts Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South 
Carolina and Georgia, in Congress assembled — To all 
who shall see these presents, send greeting. 

Whereas her imperial majesty the empress of all the 
Russias, attentive to the freedom of commerce and the 
rights of nations in her declaration to the belligerent 
and neutral powers, hath proposed regulations founded 
on principles of justice, equity and moderation, of 
which their most christian and catholick majesties, and 
several of the neutral maritime powers of Europe have 
declared their approbation : And whereas Congress, 
willing to testify their regard to the rights of commerce, 
and their respect for the sovereign who hath proposed, 
and the powers who have approved the said regula- 
tions, did, by an act passed on the fifth day of October 
last, empower the minister plenipotentiary from these 
United States, if invited thereto, to accede to such 
regulations conformable to the spirit of the said decla- 
ration, as might be agreed on by the Congress expect- 
ed to assemble in pursuance of her imperial majesty's 



1780.] FOREIGN AFFAIRS. 3;'/J 

invitatipn : And whereas it is the desire of these 
United States to cultivate the friendship of her imperial 
majesty, and to lay a foundation for a good understand- 
ing and friendly intercourse between the subjects of 
her imperial majesty and the citizens of these states, 
to the mutual advantage of both nations : Know ye, 
THEREFORE, That wc, confiding in the integrity, pru- 
dence and ability of the honourable Francis Dana, 
late a delegate in Congress from the state of Massa- 
chusetts Bay, and a member of the council of said 
state, have nominated and constituted, and by these 
presents do nominate and constitute him the said 
iFrancis Dana to be our minister at the court of her 
said imperial majesty, with full power in our name, 
and in behalf of these United States, to accede to 
the convention of the said neutral and belligerent 
powers for protecting the freedom of commerce and 
the rights of nations, and to subscribe any treaty for 
that purpose conformable to the spirit of her said 
imperial majesty's declaration, and which shall be con- 
sistent with the dignity and sovereignty of the United 
Slates as a free and independent nation, either with her 
imperial majesty conjunctly with the other neutral 
powers, or if that shall be inadmissible, separately with 
her imperial majesty, or any one of those powers. 
And he is further authorized in our name, and on behalf 
of the United Stales, to propose a treaty of amity and 
commerce between these United States and her said 
imperial majesty, and to confer and treat thereon with 
her ministers, vested with equal powers, so as the same 
shall be founded on principles of equality and recipro- 
city, and for the mutual advantage of both nations, and 
agreeable to the spirit of the treaiies subsisting between 



360 SECRET JOURNAL. [Dec. 19, 

these United States and his most christian majesty; 
transmitting such treaty for our final ratification. And 
we declare in good faith that we will confirm whatso- 
ever shall by him be transacted in the premises. 

Done by the United States of America in Congress 
assembled, at Philadelphia. Witness his excel- 
lency Samuel Huntington, esquire, President, the 
nineteenth day of December, in the year of our 
Lord, one thousand seven hundred and eighty, and 
in the fifth year of our independence. 

(Signed) S. H. President, 

Attest. 

Ch. Thomson, Sec'y. 

INSTRUCTIONS TO THE HONOURABLE FRANCIS DANA, 
ESQUIRE. 

SIR, 

The great object of your negotiation is to engage her 
imperial majesty to favour and support the sovereignty 
and independence of these United States, and to lay a 
foundation for a good understanding and friendly inter- 
course between the subjects of her imperial majesty 
and the citizens of these United States, to the mutual 
advantage of both nations. 

You w^ill readily perceive, that it must be a leading 
and capital point, if these United States shall be for- 
mally admitted as a party to the convention of the 
neutral maritime powers for maintaining the freedom of 
commerce. This regulation in which the empress is 
-deeply interested, and from which she has derived so 



1780.] FOREIGN AFFAIRS. «1 

much glory, will open the way for your favourable 
reception, which we have the greater reason to expect, 
as she has publickly invited the belligerent powers to 
accede thereto. 

And you will give it an attention suitable to its im- 
portance. Your success will, however, depend on a 
variety of sources and contingencies ; on a more perfect 
knowledge of the state of Europe than can be obtained 
at this distance; on the ultimate views of her imperial 
majesty, the temper of her cabinet, the avenues to their 
confidence, the dispositions of the neutral powers with 
whom she is connected, and the events of war. Under 
such circumstances, precise instructions for your con- 
duct cannot be expected : on the contrary, the greatest 
room must be left for the exercise of your own pene- 
tration and assiduity in gaining proper information, 
and for your prudence and address in improving it to 
the best advantage. Your zeal for the publick interest 
will lead you to embrace every favourable incident and 
expedient, which may recommend these states to the 
friendship of her imperial majesty and her ministers. 
Your attachment to the honour and independence of 
your country will restrain you from every concession 
unbecoming the dignity of a free people. The diplo- 
matick order in which you are placed by your commis- 
sion, will prevent embarrassments, which, in so delicate 
a case might arise from the punctilio of ceremony ; 
while it entitles you to all the confidence and protec- 
tion essential to the office of a publick minister. 

For the further execution of your trust, you will con- 
form, as far as possible, to fho following instructions : 
vor. II. 'in 



362 SECRET JOURNAL. [Dec. 19, 

1. You shall communicate your powers and in- 
structions to our ministers pienipofrntiarj, at the court 
of Versailles, and for negotiating peace, and avail your- 
self of their advice and information ; and it may be 
prudent through them to obtain the sense of the court 
of France thereon. 

2. You shall communicate the general object of 
your mission to the minister of his most christian majes- 
ty at the court of Petersburg, and endeavour through 
his mediation to sound the disposition of her imperial 
majesty, or her ministers, towards these United States. 

3. If the result of your inquiries should point out a 
fair prospect of an honourable reception, you are to 
announce your publick character, and deliTer your 
letters of credence in the usual form. 

4. You are to manifest on all proper occasions the 
high respect which Coogress entertain for her imperial 
majesty ; for the lustre of her character, and the 
liberality of her sentiments and her views ; and par- 
ticularly you are, in the strongest terms, to testify our 
approbation of the measures which her imperial majes- 
ty has suggested and matured for the protection of 
commerce against the arbitrary violations of the British 
court. You will present the act of Congress herewith 
transmitted, declaring our assent to her imperial 
majesty's regulations on this subject, and use every 
means which can be devised to obtain the consent and 
influence of that court that these United States shall be 
formally invited, or admitted, to accede as principals 
and as an independent nation to the said convention. 
In that event, you are authorized to subscribe the 
treaty or convention for the protection of commerce 



1780.] FOREIGN AFFAIRS. SJtt 

in behalf of these United States, cither with her impe- 
rial majesty conjunctly with the other neutral powers, 
or if that shall be inadmissible, separately with hei 
imperial majesty, or any one of those powers. 

5. You are to impress her imperial majesty and her 
ministers with a sense of the justice of our cause, the 
nature and stability of our union, and the solemn 
engagements by which not only the states, but his most 
christian majesty, are reciprocally bound to maintain 
the sovereignty, rights and jurisdiction of each of the 
thirteen states inviolably ; and the utter impracticabili- 
ty of our acceding to any treaty of peace with Great 
Britain, on the principles of a uli possidetis, or on any 
Other terms than such as shall imply an express or ta- 
cit acknowledgment of the sovereignty of each and 
every part, and which shall be consistent with the let- 
ter and spirit of our treaty of alliance and friendship 
and commerce with his most christian majesty. You 
shall represent, in pointed terms, the barbarous man- 
ner in which, contrary to the laws of all civilized na- 
tions, the war has been conducted by the enemy, the 
difficulties which we have surmounted, and the cer- 
tain prospect, under the divine blessing, of expelling 
our enemies, and establishing our independence on 
such basis as will render us useful to the whole com- 
mercial world, and happy in ourselves. You shall as- 
sure her imperial majesty of our ambition to number 
so wise and magnanimous a princess among our friends, 
and to assign her a distinguished place among those 
illustrious personages of ancient and modern limes, 
who have delighted in promoting the happiness of man- 



S64 SECRET JOURNAL. [Dec. 19, 

kiud, and in disarming tyranny of the power of doing 
mischief. 

6. You shall assure her imperial majesty and her 
ministers of the sincere disposition of these United 
States to enter into a treaty of friendship and com- 
merce with her on terms of the most perfect equality, 
reciprocity and mutual advantage, and similar to those 
expressed in our treaty with his most christian majes- 
ty ; and you are authorized to communicate with her 
imperial majesty's ministers on the form and terms of 
such treaty, and transmit the same to Congress for 
their ratification. 

7. You shall communicate punctually with our re- 
spective ministers in Europe, and avail yourself of 
their advice and information, and of the success of 
their respective negotiations to raise our importance 
and support our interest at the court of Petersburg. 

8. You shall endeavour to acquire a perfect know- 
ledge of the manners and etiquette of the court at 
which you reside, and particularly in the diplomalick 
line ; and of the manufactures and commerce of that 
empire; and point out in your correspondence how far 
and on what conditions the two nations can be mutual- 
ly beneficial to or improve each other in commerce or 
policy, arts or agriculture. 

Lastly. And, in general, you shall pursue all such 
measures as shall appear to you conducive to the inte- 
rests of the United States, to the faithful discharge of 
your important trust, and which circumstances may 
point out to be salutary and beneficial. 



1780.] FOREIGN AFFAIRS. SK 

Done in Congress, at Philadelphia, the 19th day of 
December, in the year of our Lord, 1780, and in 
the 5th year of our independence. 



A LETTER OP CREDENCE TOR MR. DANA. 
•REAT AND BELOVED, 

The United States of North America in Congress 
assembled, impressed with a high sense of the wisdom 
and magnanimity of your imperial majesty, and willing 
to testify our approbation of the regulations projio-^ed 
by your imperial majesty for protecting the freedom of 
commerce and the rights of nations, have appointed 
the honourable Francis Dana, late a delegate in Con- 
gress from the state of Massachusetts Bay, and a mem- 
ber of the council of the said state, to be our minister 
at your court, that he may give more particular assu- 
rances of the great respect which we entertain for 
your imperial majesty, and of our earnest desire to 
cultivate the friendship of a sovereign eminent for her 
justice, equity and moderation. We beseech your im- 
perial majesty to give entire credit to every thing 
which he shall deliver on our part, especially when 
he shall assure you of the sincerity of our friendship. 
We pray God to keep your imperial majesty in his 
holy protection. 



366 SECRET JOURNAL. [Dec* 21, 

Done by the United States of North America as* 
sembled in Congress, at Philadelphia, the 19lh 
day of December, in the year of our Lord, 1780, 
and in the 5th year of our independence. 

S. H. President, 

Ch. T. Secretary. 

DECEMBER 20, 1780. 

Resolved, That the President furnish the minister 
appointed to the court of Petersburg with letters of 
credit on the minister plenipotentiary of the United 
States at the court of Versailles, for fifteen hundred 
pounds sterling, as his salary for one year; provided 
the said minister shall proceed to the court of Peters« 
burg, 

DECEMBER 21, 1780. 

On motion of Mr. Duane, seconded by Mr. Root, 

Resolved, That the resolution for appointing an 
envoy extraordinary to the court of Versailles be re- 
considered so far as to alter the style and title of the 
minister. 

A motion was then made by Mr. Madison, seconded 
by Mr. Duane, to strike out the words " envoy ex- 
" traordinary." 

A division was called for. And on the question, 
Shall the word " envoy" stand, the yeas and nays be- 
ing requested by Mr. Mathews — 



1780.] 



FOREIGN AFFAIRS. 



w 



Massachusetts Bay, Mr, S. Adams, 
Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 

Virginia, 
North Carolina, 
South Carolina, 

Georgia, 




>No. 



Mr. Huntington, No. ^ 
Mr. Root, No.S No. 

Mr. Wolcott, No. S 



Mr. Duane, 
Mr. Floyd, 



No. 
No 



:] 



No. 



Mr. Wilherspoon,No. ^ 
Mr. Clarke, No.> No. 

Mr. Burnet, Ay.) 

Mr. Montgomery, No. ^ 
Mr. Clymer, No.V No. 

Mr. Wynkoop, No.) 



Mr. Madison, 
Mr. Bland, 

Mr. Burke, 
Mr. Sharpe, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



No 

Ay 



No. 

No 



;?N( 



IVIDED. 



Ay.) 

Ay. > Ay. 
Ay.S 

No.) 
No. > No. 
No.S 



So it passed in the negative, and the word was 
struck out. 

On the question, the word " extraordinary" was also 
struck out. 

On motion. 



3fi8 SECRET JOURNAL. [Dec. 23, 

Resolved, That the words " in conjunction with our 
" minister plenipotentiary at that court," be struck 
out. 

On motion, 

Resolved. That in lieu of the words " envoy ex- 
" traordinary," be inserted the word " minister;" and 
the resolution as amended is as follows : 

Resolved, That a minister be appointed to proceed 
to the court of Versailles for the special purpose of 
soliciting the aids requested by Congress, and forward' 
ing them to America, without loss of time. 



DECEMBER 23, 1780. 

The committee, consisting of Mr. Sullivan, Mr. Ma- 
dison and Mr. Mathews, appointed to prepare a com- 
mission and instructions to colonel J. Laurens, report- 
ed a draft of commission, instructions and letters of 
credence, which were agreed to as follows : 

COMMISSION TO COLONEL JOHN LAURENS. 

The United States of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, 
South Carolina and Georgia, in Congress assem- 
bled — To John Laurens, Esquire, Greeting. 

We, reposing especial trust and confidence in your 
fidelity, zeal, prudence and abilities, have nominated 
and constituted, and by these presents do nominate 



1780.3 FOREIGN AFFAIRS. 36» 

and constitute you our minister, for the special purpose 
of proceeding to the court of Versailles, and repre- 
senting to his most christian majesty the present slate 
of our publick aftairs, with the necessity and mutual 
advantage of his maintaining a naval superiority in the 
American seas; and also of soliciting from him, and 
forwarding to the United States, certain aids in money 
and stores according to an estimate herewith deliver- 
ed to you, the better to enable us to prosecute the war 
with vigour, and co-operate with the arms of our ally 
with effect. 

Witness his excellency Samuel Huntington, es- 
quire. President, the 23d day of December, in 
the year of our Lord, 1780, and in the 5th year 
of our independence. 

(Signed) S. H. 

Ch. T. Sec'y. 

INSTRUCTIONS TO COLONEL JOHN LAURENS. 
SIR, 

You will herewith receive a commission appointing 
you our minister at the court of Versailles; in pursu- 
ing the objects of which, you will conform to the fol- 
lowing instructions : 

Upon your arrival you will communicate fully to our 
minister plenipotentiary at that court the business on 
which you are sent, and avail yourself of his informa- 
tion and influence for obtaining the aids mentioned in 
the estimate delivered to you. Instructions to him for 
that purpose are herewith transmitted, which you will 
VOL. ir. 47 



3TO SECRET JOURNAL. [Bee. 23;- 

deliver immediately on your arrival. You will con- 
vey to his most christian majesty the grateful sense 
Congress have of the noble and generous part he has 
taken with regard to the United States, and use every 
possible means to impress him with the urgent and 
critical state of our affairs at present, which induced 
the appointment of a special minister to solicit his 
effectual aid. 

You will, in particular, give him full information of 
the present state of our military affairs, and the mea- 
sures taken for providing a respectable force for the 
ensuing campaign. It will be proper, at the same 
time, to point out the causes which rendered the last 
campaign unsuccessful. 

You are to use every effort in your power to enforce 
the necessity of maintaining a naval superiority in the 
American seas. You will assure his most christian 
majesty on our part, that if he will please to commu- 
nicate to us his intentions respecting the next cam- 
paign in America, we will use every effort in our 
power for an effectual co-operation. You are to give 
his majesty the most positive and pointed assurances 
of our determination to prosecute the war for the 
great purposes of the alliance agreeable to our en- 
gagements. 

Should his majesty grant the aids requested, and 
send to our assistance a naval force, you will take ad- 
vantage of that conveyance for forwarding the articles 
furnished. If no naval armament should be ordered 
to America, you will endeavour to obtain some vessels 
of force to transport the said articles, or take advan- 
tage of some convoy to America which may render the 



1780.] FOREIGN AFFAIRS. 371 

transportation less hazardous. You will call upon 
William Palfrey, esquire, our consul in that kingdom, 
for such assistance as you may stand in need of for 
forwarding any supplies which you may obtain. You 
are authorized to draw upon our minister plenipoten- 
f tiary for such sums as you may from time to time 
stand in need of, giving him early notice thereof that 
he may aid you from funds procured on our account, 
without doing injury to our other concerns. You may 
also draw upon any other funds which you may know 
to have been procured for us in Europe. 

You will, on your arrival at the court of Versailles, 
present the letter to his most christian majesty which 
you will herewith receive. Previous to your depar- 
ture from the United States, you are to confer with 
the commander in chief of the American army, the 
minister plenipotentiary of France, the commanders in 
chief of his most christian majesty's fleet and army at 
Rhode Island, the marquis de la Fayette, if it should 
not retard your voyage, upon the subject of your com- 
mission, and avail yourself of every information you 
may obtain from them respectively. You will embrace 
every opportunity of informing us of the success of 
your negotiations, and receive and obey such instruc- 
tions as you may from time to time receive from Con- 
gress. 

When the purpose of your misssion shall be as fully 
effected as you may deem practicable, you are to re- 
turn, and report your success to Congress without 
delay, unless you shall previously receive other or<- 
ders. 



372 SECRET JOURNAL. [Dec. 2S, 

We pray God to further you with his goodness in 
the several objects hereby recommended, and that he 
will have you in his holy keeping. 

Done in Congress, at Philadelphia, the 23d day of 
December, in the year of our Lord, 1780, and in 
the 5th year of our independence. 



LETTERS OF CREDENCE TO COLONEL J. LAURENS. 
GREAT AND BELOVED FRIEND AND ALLY, 

The United States of America in Congress assem- 
bled, impressed with the magnanimity of your majesty, 
and of the repeated proofs you have given of your 
friendly disposition towards these states, and also feel- 
ing the necessity of giving your majesty full informa- 
tion of the present stale of our affairs, have appointed 
the honourable John Laurens, esquire, a lieutenant 
colonel in the army of these states, to repair to your 
court, in quality of minister, to solicit the aids re- 
quested by us ; and that he may give your majesty 
more particular and further assurances of the high re- 
gard we continue to entertain for your majesty. We 
beseech your majesty to give entire credit to every 
thing he shall deliver on our part, especially when 
he shall assure you of the sincerity of our friend- 
ship. 

And we pray God that he will keep your majesty in 
his most holy protection. 



:i 



1780.] FOREIGN AFFAIRS. 373 

Done at Philadelphia, the 23cl day of December, in 
the year of our Lord, 1780, and in the 5th year 
of our independence. By the Congress of the 
United States of North America. Your good 
friends and allies. 

(Signed) S. H, President. 

C. T. Sec'y. 

Ordered, That a committee l)e appointed to confer 
with the honourable John Laurens on the subject of 
his mission. 

The members — Mr. Mathews, Mr. Madison and 
Mr. Duane. 

DECEMBER 2G, 1780. 

Ordered, That a committee of three be appointed 
to prepare additional instructions to the honourable 
Dr. Franklin, on the subject of Mr. J. Laurens's 
mission. 

The members — Mr. Burke, Mr. M'Kean and Mr. 
Duane. 

Ordered, That a committee of five be appointed to 
confer with the honourable the minister of France on 
the subject of Mr. Laurens's mission. 

The members — Mr. Witherspoon, Mr. Sullivan, Mr. 
Duane, Mr. Mathews and Mr. Madison. 

Ordered, That the board of war prepare with all 
despatch a copy of the list of supplies requested 
from his most christian majesty to be sent by Mr. 
Laurens. 



374 SECRET JOURNAL. [Dec. 2% 



DECEMBER 27, 1780. 

Resolved, That the third article of instructions 
given to Dr. Franklin the 28th of November last, be 
added to those given to Mr. J. Laurens, as additional 
instructions. 

On the report of the conttoiittee, consisting of Mr. 
Burke, Mr. M'Kean and Mr. Duane, Congress agreed 
10 the following 

ADDITIONAL INSTRUCTIONS TO DR. FRANKLIN. 
SIR, 

Si^ce your last instructions, Congress have thought 
it expedient to send colonel John Laurens with powers 
to negotiate specially the important affairs to which 
they more immediately relate. This gentleman, from 
the nature of his services and situation, has had oppor- 
tunities of information which peculiarly qualify him 
for giving to his most christian majesty a more lively 
idea of our circumstances, of our indispensable wants, 
and of the great advantages which must result to 
the allies from his majesty's complying with our re- 
quests. 

The negotiation is besides so critically important 
that it was deemed highly requisite, by the mission of 
this special minister, to guard against the accident of 
your want of health, and the consequent delay in mak- 
ing the application. 

Notwithstanding this appointment, should the dupli- 
cates of the despatches reach you before this minister's 



1780.] FOREIGN AFFAIRS. J» 

arrival, you will consider it as the desire of Congress, 
that you take, with all possible expedition, every step 
in your power for effecting the business, or at least for 
disposing his most christian majesty and his ministers 
to take a favourable impression from the representa- 
tion which colonel Laurens, from his advantages of 
fuller information, may be better able to make. He is 
instructed, and it is well known to be his own disposi- 
tion, to avail himself of your information and influence. 
And Congress doubt not that the success of this mea- 
sure will be much promoted by the assistance he will 
derive from you. And they desire you to consider 
your attention to him, as a matter which will be very 
satisfactory to Congress, and advantageous to your 
country. 

Done by Congress, at Philadelphia, 27th day of De- 
cember, in the year of our Lord, 1780, and in the 
5th year of our independence. 

(Signed) SAML. HUNTINGTON, President. 
Ch. T. Sec'y. 

DECEMBER 28, 1780. 

Resolved, That the board of admiralty take order 
for fitting out the Alliance frigate for the purpose of 
conveying the honourable J. Laurens to some port in 
France. 

^ DECEMBER 29, 1780. 

On the report of a committee, consisting of Mr. 
Root, Mr. Mathews and Mr. Lovell, to whom were 



376 SECRET JOURNAL. [Dec. 89, 

referred two letters, one of 24th and one of 25th 
September, 1780, from the honourable J, Adams, at 
Amsterdam, 

Resolved, That a commission be given to the ho- 
nourable J. Adams, similar to the one prepared on the 
first day of November, 1779, and since given to the 
honourable Henry Laurens, as minister plenipoten- 
tiary, to negotiate a treaty of amity and commerce 
with the United Provinces of the low countries; and 
that the following instructions and articles of a treaty 
be transmitted to him : 

THE COMMISSION TO MR. J. ADAMS. 

The United States of America in Congress assem- 
bled, to all who shall see these presents, send 
greeting. 

Whereas an intercourse between the citizens of the 
United Provinces of the low countries and the citizens 
of these United States, founded on the principles of 
equality and reciprocity, may be of mutual advantage 
to both nations : 

Know ye, therfore, That we, confiding in the "in- 
tegrity, prudence and ability of the honourable John 
Adams, late commissioner of the United States of Ame- 
rica at the court of Versailles, late delegate in Con- 
gress from the state of Massachusetts Bay, and chief 
justice of the said state, have nominated, constituted 
and appointed, and by these presents do nominate, 
constitute and appoint him the said John Adams our 
commissioner, giving him full power, general and 
special, to act in that quality, to confer, treat, agree 



1780.) FOREIGN AFFAIRS. 3Tt 

and conclude with the person or persons vested with 
equal powers by the states general of the said United 
Provinces, of and concerning a treaty of amity and 
commerce ; and whatever shall be so agreed and con- 
cluded for us, and in our name, to sign, and thereupon 
I make such treaty, conventions and agreements as he 
■■ shall judge conformable to the ends we have in view; 
hereby promising in good faith that we will accept, 
ratify and execute whatever shall be agreed, conclud- 
ed and signed by our said minister. 



I 



In witness whereof we have caused these presents to 
be given in Congress, at Philadelphia, the 29th 
day of December, in the year of our Lord, 1780, 
and in the 5th year of our independence. 

(Signed) S. HUNTINGTON, President. 

Ch. Thomson, Sec'y. 

INSTRUCTIONS TO THE HONOURABLE JOHN ADAMS. 
SIR, 

You will herewith receive a commission, authorizing 
you to negotiate a treaty of amity and commerce with 
the United Provinces of the low countries. You will 
also receive a plan, in articles, which you are to adopt 
in whole, or without any essential alteration, being al- 
ways cautious not to admit any thing inconsistent with 
the treaties already concluded between the United 
States and France, and being particularly attentive to 
the ninth, tenth and seventeenth articles of our treaty 

VOL. H. 48 



378 SECRET JOURNAL. [Dec. 29, 

of amity and commerce with France, numbered as 
they were finally ratified. 

In settling regulations respecting contraband, you 
will regard not only the enumeration made in our 
treaty with France, but conform to such regulations as 
shall be agreed upon by the Congress of the northern 
powers, concerning which we have expressed our in- 
tentions by resolves passed the 5th of October last, 
and herewith transmitted. 

Done at Philadelphia, this 29th day of December, in 

the year of our Lord, 1780, and in the 5th year 

of our independence. By the Congress of the 

United States. 

(Signed) SAMUEL HUNTINGTON, President. 

Ch. Thomson, Sec'y. 

Plan of a Treaty of Amity and Commerce between 
the United States of America and the United Pro- 
vinces of the Low Countries. 

The parlies being willing to fix, in a permanent and 
equitable manner, the rules to be observed in the com- 
merce they desire to establish between their respective 
countries, have judged that the said end cannot be bet- 
ter obtained than by taking the most perfect equality 
and reciprocity for the basis of their agreement, by 
leaving each party at liberty to make such interiour 
regulations respecting commerce and navigation as 
they shall find most convenient, and by founding the 
advantage of commerce on reciprocal and just rules of 
free intercourse. On these principles the parties, 



1780.] FOREIGN AFFAIRS. 3W 

after mature deliberation, have agreed to the followintj 
articles : 



ARTICLE I. 

There shall be a firm, inviolable and universal peace 
and sincere friendship between their high mightinesses 
the states general of the seven United Provinces of 
the low countries and the United Stales of Nordi Ame- 
rica, and the subjects and people of the said parties, 
and the countries, islands, cities and towns situated 
under their respective jurisdictions, and the people and 
inhabitants thereof of every degree, without exception 
of persons or places. 

ARTICLE II. 

The subjects of the said slates of the low countries 
shall pay in the ports, havens, roads, countries, islands, 
cities or towns of the United States of North America, 
or any of them, no other or greater duties or imposts, 
of what nature soever they may be, or by what name 
soever called, than those which the nations most fa- 
voured are or shall be obliged to pay; and they shall 
enjoy all the rights, liberties, privileges, immunities 
and exemptions in trade, navigation and commerce, 
whether in passing from one port in the said states to 
another, or in going to and from the same, from and 
to any port of the world which ihe said nations do or 
shall enjoy. 



SECRET JOURNAL. [Dec. 23, 



ARTICLE III. 

The converse of article u. 

ARTICLE IV. 

There shall be a full, perfect and entire liberty of 
conscience allowed to the subjects of each party, and 
to their families, as to matters of religion, and a full 
and entire liberty to worship in their own way, without 
any kind of molestation. Moreover, liberty shall be 
given to the subjects of either party, who die in the 
territories of the other, to be interred in convenient 
and decent places to be appointed for that purpose as 
occasion shall require ; neither shall the dead bodies 
of those that are buried be any wise molested. 

ARTICLE V. 

Their high mightinesses the states of the seven 
United Provinces of the low countries shall endeavour, 
by all the means in their power, to protect and defend 
all vessels and other effects belonging to the citizens, 
people or inhabitants of the said United States of 
America, or any of them, being in their ports, havens 
or roads, or on the seas near to their countries, islands, 
cities or towns ; and to recover, and cause to be re- 
stored to the right owners, their vessels and effects, as 
shall be taken within their jurisdiction. And their 
ships of war, or any convoy sailing under their authori- 
ty, shall, upon all occasions, take under their protec- 



1780.] FOREIGN AFFAIRS. 9R 

tion all vessels belonging to the subjects, people or in- 
habitants ot the said United Slates of America, or any 
of them, holding the same course, or going the same 
way, and shall defend such vessels as long as they hold 
the same course, or go the same way, against all at- 
tacks, force and violence, in the same manner as they 
ought to protect and defend vessels belonging to the 
subjects of their said high mightinesses. 



ARTICLE v. 

A reciprocal stipulation. 

ARTICLE VI. 

It shall be lawful and free for merchants and others 
being subjects either of the said seven United Pro- 
vinces of the low countries, or of the said United States 
of America, by will, or any other disposition, made 
either during the time of sickness or at any other time 
before, or at the point of death, to devise or give away 
to such person or persons as to them shall seem good, 
their effects, merchandise, money, debts or goods, 
moveable or immoveable, which they have or ought to 
have at the time of their death, or at any time before, 
within the countries, islands, cities, towns or dominions 
belonging to cither of the said contracting parties. 
Moreover, whether they die having made their wills, or 
intestate, their lawful heirs, executors or administra- 
tors residing in the dominions of either of the contract- 
ing parties, or coming from any other part, although 
they be not naturalized, and without having their right 



382 SECRET JOURNAL. \t)cc 29, 

contested or impeded under pretext of any rights or 
prerogatives of provinces, cities or private persons, 
shall freely and quietly receive and take possession of 
all the said goods and effects whatsoever, according to 
the laws of each country respectively, in such manner 
however that the wills and right of entering upon the 
inheritances of persons dying intestate must be proved, 
according to the law in those places where such per- 
sons may happen to die, as well by the subjects of one 
as of the other contracting party, any law, statute, 
edict, custom or ordinance or right whatsoever not^ 
withstanding. 

ARTICLE VII. 

It shall be lawful and free for the subjects of each 
party to employ such advocates, attorneys, notaries, 
solicitors or factors as they shall think fit, to which 
end the said advocates, and others abovementioned, 
may be appointed by the ordinary judges, if it be 
needful, and the judges be thereunto required. 

ARTICLE VIII. 

Merchants, masters of ships, owners, mariners, men 
of all kinds, ships and vessels, and all merchandise and 
goods in general, and effects of one of the confederates, 
or of the subjects thereof, shall not be seized or de- 
tained in any of the countries, lands, islands, cities, 
towns, ports, havens, shores or dominions whatsoever 
of the other confederate, for publick use, warlike ex- 
peditions, or the private use of any one, by arrests, 



1780,3 FOREIGN AFFAIRS. ■385' 

violencc, or any colour thereof. Moreover, it shall be 
unlawful for the subjects of either party to take any 
thing, or to extort it by force from the subjects of the 
other party, without the consent of the person to whom 
it belongs. Which, however, is not to be understood 
of that seizure and detention which shall be made by 
the command and authority of justice, and by the ordi- 
nary methods, on account of debt or crimes, in respect 
whereof the proceedings must be by way of law, ac- 
cording to the forms of justice. 

ARTICLE IX. 

It is further agreed and ,concluded, that it shall be 
wholly free for all merchants, commanders of ships, 
and other subjects of their high mightinesses the states 
of the seven United Provinces of the low countries, in 
all places subject to the dominion and jurisdiction of 
the said United States of America, to manage their own 
business themselves, or to employ whomsoever they 
please to manage it for them ; nor shall they be obliged 
to make use of any interpreter, or broker, nor to pay 
any salary or fees, unless they choose to make use of 
them. Moreover, masters of ships shall not be obliged, 
in loading or unloading their ships, to make use of those 
workmen that may be appointed by puhlick authority 
for that purpose ; but it shall be entirely free for them 
to load or unload their ships by themselves, or to make 
use of such persons in loading or unloading the same 
as they shall think fit, without paying any fees or sala- 
ry to any other whomsoever. Neither shall they be 
forced to unload any sort of merchandises, either into 



384 SECRET JOURNAL. [Dec. 29, 

Other ships, or to receive them into their own, or to 
wait for their being loaded longer than they please. 
And all and every the citizens, people and inhabitants 
of the said United States of America shall reciprocally 
have and enjoy the same privileges and liberties in all 
places whatsoever subject to the domination and juris- 
diction of their high mightinesses the states of the se- 
ven United Provinces of the low countries. 



ARTICLE X. 

The merchant ships of either of the parties which 
shall be making into a port belonging to the enemy of 
the other ally, and concerning whose voyage, and the 
species of goods on board her, there shall be just 
grounds of suspicion, shall be obliged to exhibit as well 
upon the high seas, as in the ports and havens, not only 
her passports, but likewise certificates expressly show- 
ing that her goods are not of the number of those which 
have been prohibited as contraband. 



ARTICLE XI. 

If by exhibiting the above said certificates the other 
party discover there are any of those sorts of goods 
which are prohibited and declared contraband, and 
consigned for a port under the obedience of his enemy, 
it shall not be lawful to break up the hatches of such 
ship, or to open any chest, coffers, packs, casks or 
any other vessel found therein, or to remove the smal- 
lest parcel of her goods, whether such ship belongs 
•o the subjects of their high mightinesses the states of 



1780.] FOREIGN AFFAIRS. »5 

the seven United Provinces of the low countries, or the 
citizens or inhabitants of the said United States of 
America, unless the lading be brought on shore in the 
presence of the officers of the court of admiralty, and 
an inventory thereof made. But there shall be no al- 
j lowance to sell, exchange or alienate the same in any 
manner until after that due and lawful process shall 
have been had against such prohibited goods, and the 
court of admiralty shall, by a sentence pronounced, 
have confiscated the same, saving always as well the 
ship itself, as any other goods found therein, which are 
to be esteemed free ; neither may they be detained on 
pretence of their being, as it were, infected by pro- 
hibited goods ; much less shall they be confiscated as 
lawful prize ; but if not the whole cargo, but only part 
thereof, shall consist of prohibited or contraband goods, 
and the commander of the ship shall be ready and wil- 
ling to deliver them to the captor who has discovered 
them, in such case, the captor having received those 
goods, shall forthwith discharge the ship, and not hin- 
der her, by any means, freely to prosecute the voyage 
on which she was bound. But in case the contraband 
merchandises cannot be all received on board the ves- 
sel of the captor, then the captor may, notwithstand- 
ing the offer of delivering him the contraband goods, 
carry the vessel into the nearest port, agreeably to 
what is above directed. 



^1 



ARTICLE XII, 



On the contrary, it is agreed that whatever shall be 
found to be laden by the subjects and inhabitants of 
VOL. n. 49 



388 SECRET JOURNAL. [Dec. 29, 

cither party, on any ship belonging to the enemies of 
the other, or to their subjects, the whole, though it be 
not of the sort of prohibited goods, may be confiscated 
in the same manner as if it belonged to the enemy, ex- 
cept such goods and merchandises as were put on 
board such ship before the declaration of war, or even 
after such declaration, without the knowledge of it, so 
that the goods of the subjects and people of either 
party, whether they be of the nature of such as are 
prohibited, or otherwise, which, as is aforesaid, were 
put on board any ship belonging to an enemy before 
the war, or after the declaration of the same, without 
the knowledge of it, shall no wise be liable to confis- 
cation, but shall well and truly be restored without 
delay to the proprietors demanding the same ; but so 
as that, if the said merchandises be contraband, it shall 
not be any way lawful to carry them afterwards to any 
ports belonging to the enemy. The two contracting 
parties agree that the term of two months being passed 
after the declaration of war, their respective subjects 
from whatever part of the world they come shall not 
plead the ignorance mentioned in this article. 

ARTICLE XIII. 

And that more efTectual care may be taken for the 
security of the subjects and people of either party, 
that they do not sufier any injury by the men of war 
or privateers of the other party, all the commanders of 
the ships of war and the armed vessels of the said states 
of the seven United Provinces of the low countries, 
and of the said United States of America, and all their 



1780.] FOREIGN AFFAIRS. 387 

subjects and people, shall be forbid doing any injury or 
damage to the other side ; and if they act to the con- 
trary, they shall be punished, and shall moreover be 
bound to make satisfaction for all matter of damage, 
and the interest thereof, by reparation under the pain 
and obligation of their persons and goods. 



ARTICLE XIV. 

All ships and merchandise of what nature soever, 
which shall be rescued out of the hands of any pirates 
or robbers on the high seas, shall be brought into some 
port of either state, and shall be delivered to the cus- 
tody of the officers of that port, in order to be restored 
entire to the true proprietor, as soon as due and 
sufficient proof shall be made concerning the property 
thereof. 



ARTICLE XV, 

If any ships or vessels belonging to either of the par- 
lies, their subjects or people, shall, within the coasts 
or dominions of the other, stick upon the sands^ or be 
wrecked, or suffer any other damage, all friendly as- 
sistance and relief shall be given to the persons ship- 
wrecked, or such as shall be in danger thereof; and 
letters of safe conduct shall likewise be given to them 
for their free and quiet passage from thence, and the 
return of every one of them to his own country. 



3y* 



SECRET JOURNAL. 



[Dec. 29, 



ARTICLE XVI. 



Jn case the subjects or people of either party, with 
their siiipping, whether of publick and of war, or pri- 
vate and of merchants, be found through stress of 
weather, pursuit of pirates or enemies, or any other 
urgent necessity, for seeking of shelter and harbour, 
to retreat and enter into any of the rivers, creeks, bays, 
havens, roads, ports or shores belonging to the other 
party, they shall be received and treated with all hu- 
manity and kindness, and enjoy all friendly protection 
and help ; and they shall be permitted to refresh and 
provide themselves at reasonable rates with victuals and 
all things needful for the sustenance of theit persons, 
or reparation of their ships ; and they shall no ways be 
detained, or hindered from returning out of the said 
ports or roads, but may remove and depart where and 
whither they please, without any let or hindrance. 



ARTICLE XVII. 

For the better promoting of commerce on both sides, 
it is agreed, that if a war should break out between the 
said two nations, six months after the proclamation of 
war shall be allowed to the merchants, in the cities and 
towns where they live, for selling and transporting 
their goods and merchandises; and if any thing be 
taken from them, or any injury be done to them, with- 
in that term, by either parly, or the people or subjects 
of either, full satisfaction shall be made for the same. 



1780.3 FOREIGN AFFAIRS. 



ARTICLE XVin. 

No subjects of their high mightinesses the states ol' 
the seven United Provinces ot the low countries shall 
apply for, or take any commission or letters of marque 
for arming any ship or ships, to act as privateers 
against the said United States of America, or any of 
them, or against the subjects, people or inhabitants of 
the said United States, or any of them, or against the 
properly of the inhabitants of any of them, from any 
prince or state with which the said United States of 
America shall happen to be at war ; nor shall any ci- 
tizen, subject or inhabitant of the said United States of 
America, or any of them, apply for or take any com- 
mission or letters of marque for arming any ship or 
vessel to act as privateers against the subjects of their 
said high mightinesses, or any of them, or the property 
of any of them, from any prince or state with which 
the said state shall be at war; and if any person of 
either nation shall take such commission or letters of 
marque, he shall be punished as a pirate. 

ARTICLE XIX. 

The ships of the subjects and inhabitants of either 
of the parties coming upon any coast belonging to 
either of the said allies, but not willing to enter into 
port, or being entered into port, and not willing to un- 
load their cargoes or break bulk, shall be treated 
agreeable to the general rules prescribed, or to be 
prescribed, relative to the object in question. 



SECRET JOURNAL. [Jan. 3, 



ARTICLE XX. 



The two contracting parties grant to each other the 
liberty of having, each in the ports of the other, consuls, 
vice-consuls and commissaries of their own appointing, 
whose functions shall be regulated by particular a- 
greement, whenever either party chooses to make such 
appointment. 



ARTICLE XXI. 

It is agreed between the two contracting parties, 
that no clause, article, matter or thing herein contain- 
ed, shall be taken or understood, either in present or 
future, contrary to the clauses, articles, covenants and 
stipulations in a treaty between the said United States 
of America and the most christian king, executed at 
Paris on the 6th day of February, 1778, or any of 
them, but the same shall be taken and understood con- 
sistently with, and conformably to, the said treaty. 

Ordered, That the committee who brought in the 
foregoing report prepare the draft of letters of cre- 
dence for Mr. Adams. 



JANUARY 3, 1781. 

The committee appointed to prepare letters of cre- 
dence to the honourable J. Adams, reported drafts 
which were agreed to as follows : 



1781.] FOREIGN AFFAIRS. ^ 

To their High Mightinesses the States General of the 
United Netherlands. 

HIGH AND MIGHTY LORDS, 

The United States of North America in Congress 
assembled, impressed with a high sense of the wisdom 
and magnanimity of your high mightinesses, and of 
your inviolable attachments to the rights and liberties 
of mankind, and being desirous of cultivating the 
friendship of a nation eminent for its wisdom, justice 
and moderation, have appointed the honourable John 
Adams, late a delegate in Congress from the state of 
Massachusetts, and a member of the council of that 
state, to be their minister plenipotentiary to reside 
near you, that he may give you more particular assu- 
rances of the great respect they entertain for your 
high mightinesses. We beseech your high mightines- 
ses to give entire credit to every thing which our said 
minister shall deliver on our part, especially when he 
shall assure you of the sincerity of our friendship and 
regard. We pray God to keep your high mightines- 
ses in his holy protection. 

Done at Philadelphia, this 3d day of January, in 
the year of our Lord, 1781, and in the 5th year 
of our independence. By the United States of 
America. Your Friends. 

S. HUNTINGTON, President. 

Ch. Thomson, Sec"'y. 



3i8 SECRET JOURNAL. [Jan. IQ, 

To His Most Serene Highness the Prince of Orange. 

HIGH AND SERENE PRINCE, 

The United States of America in Congress assem- 
bled, impressed with a deep sense of your wisdom and 
magnanimity, and being desirous of cultivating the 
friendship of your highness, and of the seven United 
Provinces of the Netherlands, who have ever distin- 
guished themselves by an inviolable attachment to 
freedom and the rights of nations, have appointed the 
honourable John Adams, late a delegate in Congress 
from the state of Massachusetts, and a member of the 
council of that state, to be their minister plenipoten- 
tiary at your court, that he may give you more particu- 
lar assurances of the great respect they entertain for 
your highness and for the people over whom you pre- 
side as stacltholder. We beseech your highness to 
give entire credit to every thing which our said minis- 
ter shall deliver on our part, especially when he shall 
assure you of the sincerity of our friendship and re- 
gard. We pray God to keep your highness in his 
holy protection. 

Done at Philadelphia, &c. 

JAiNUARY 10, 1781. 

On the report of a committee, consisting of Mr. 
Burke, Mr. Witherspoon, and Mr. Duane, to whom 
was referred a correspondence between the count de 
Vergennes and Mr. J. Adams, relative to the com- 
munication of the plenipotentiary powers of the latter, 
Congress agreed to the following letter : 



i 



17^1.] POREIGN AFFAIRS. 398 

SIR, 
Congress consider your correspondence with the 
count de Vergennes on the subject of communicating 
your plenipotentiary powers to the ministry of Great 
Britain, as flowing from your zeal and assiduity in the 
service of your country ; but 1 am directed to inform 
you, that the opinion given to you by that minister re- 
lative to the time and circumstances proper for com- 
municating your powers, and entering upon the execu- 
tion of them, is well founded. Congress have no ex- 
pectations from the influence which the people of 
England may have on the British councils, whatever 
may be the dispositions of that nation or their magis- 
trates towards these United States : nor are they of 
opinion that a change of ministers would produce a 
change of measures ; they therefore hope that you will 
be very cautious of admitting your measures to be in- 
fluenced by presumptions of such events, or their pro- 
bable consequences. 

I am, &;c. 
S. HUNTINGTON, President. 

FEBRUARY 15, 1781. 

Congress took into consideration the draft of a letter 
to Mr. Jay, which the delegates of Virginia had mov- 
ed in pursuance of instructions from their constitu- 
ents, and the same was agreed to as follows : 

SIR, 

Congress having since their instructions to you of 
the 29th September, 1779, and 4th October, 1780, re- 
voL. II, 50 



Wt SECRET JOURNAL. [Feb. 11^ 

lalive to the claim of the United States to the free 
navigation of the river Mississippi, and to a free port 
or ports below the thirty-first degree of north latitude, 
resumed the consideration of that subject, and being 
desirous to manifest to all the world, and particularly 
to his catholick majesty, the moderation of their views, 
the hij^h value they place on the friendship of his ca- 
tholick majesty, and their disposition to remove every 
reasonable obstacle to his accession to the alliance 
subsisting between his most christian majesty and 
these United States, in order to unite the more closely 
in their measures and operations three powers who 
have so great a unity of interests, and thereby to com- 
pel the common enemy to a speedy, just and honour- 
able peace — have resolved, and you are hereby in- 
structed to recede from the instructions above referred 
to, so far as they insist on the free navigation of that 
part of the river Mississippi, which lies below the 
thirty-first degree of north latitude, and on a free port 
or ports below the same ; provided such cession shall 
be unalterably insisted upon by Spain ; and provided 
the free navigation of the said river, above the said 
degree of north latitude, shall be acknowledged and 
guarantied by his catholick majesty to the citizens of 
the United States in common with his own subjects. 
It is the order of Congress at the same time, that you 
exert every possible effort to obtain from his catholick 
majesty the use of the river aforesaid, with a free port 
or ports below the said thirty-first degree of north 
latitude for the citizens of the United States, under 



1781.] FOREIOW APTAIRS. 9» 

such regulations and restrictions only as may be a ne- 
cessary safeguard against illicit commerce. 

I am, &c. 
S. HUNTINGTON, President. 

When the question was about being put to agree to 
the foregoing letter, the previous question was moved 
ed by Mr. Burke, seconded by Mr. Lovell. And on the 
question to agree to the previous question, the yeas 
and nays being required by Mr. Bee — 



New Hampshire, Mr. Sullivan, 
Massachusetts Bay, 



>No. 



Mr. 
Mr. 
Mr. 



Adams, 
Lovell, 
Ward, 




Rhode Island, 
Connecticut, 

New Yorl^ 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 



Mr. Varnum, 



J>No. 



Mr. 
Mr. 

Mr. 

Mr. 

Mr. 



Huntington, 

Root, 

Wolcott, 

Floyd, 
M'Dougall, 




Mr. Burnet, 



j^^'i DlVlDBP, 

J^No.x 



Mr. 
Mr. 
Mr. 
Mr. 
Mr. 

Mr. 

Mr. 



Montgomery, 

Atlee, 

Clymer, 

Wynkoop, 

Smith, 

M'Kean, 

Carroll, 




SECRET JOURNAL. 



[Feb. la, 



Virginia, 
North Carolina, 
South Carolina, 
Georgia, 



Mr. Jones, 
Mr. Madison, 
Mr. Bland, 

Mr. Burke, 
Mr. Sharps, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 

Mr. Walton, 
Mr. Few, 



No.) 
No. } No. 
No.) 

No.> No. 
No.S 



No. 
No. 
No.' 



Na. 



No. 7 ivr 
No.r°- 



So it passed in the negative. 

On the question to agree to the letter of instruc- 
tions, the yeas and nays being required by Mr. Lo- 
voll— 



New Hampshire, Mr. Sullivan, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Lovell, 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 



Mr. Ward, 
Mr. Varnum, 




yXv. 



Mr. Huntington, Ay.) 
Mr. Root, No. V No. 

Mr. Wolcott, No.S 



Mr.Flojd, No.|^^^^^^^ 



No. 
Mr. M'Dougal, Ay 



Mr. Burneh 



)>Ay.X 



1781.] 



FOREIGN AFFAIftS. 



m 



Pennsylvania, 

Delaware, 
Maryland, 
Virginia, 

^ North Carolina, 

South Carolina, 

Georgia, 



Mr. Montgomery, Ay.^ 
Mr. Alice, Ay. | 

Mr. Clymer, Ay. )>Ay. 

Mr. Wynkoop, Ay. I 
Mr. T. Smith, Ay.J 



Mr. M'Kean, 

Mr. Carroll, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 

Mr. Burke, 
Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Moite, 

Mr. Walton, 
Mr. Few, 




So it was resolved in the affirmative. 

MARCH 24, 1781. 

A motion was made by Mr. Bland, seconded by Mr. 
Motte, in the words following : 

Whereas there is great reason lo believe that the 
communications of Congress to their minister at the 
court of Madrid, and from him to Congress, have been 
and are intercepted by the machinations of the instru- 
ments of the court of Great Britain : 

Resolved, therefore. That be ap- 

pointed, and he is hereby appointed to reside at Cadiz. 



SECRET JOURNAlu [March 24, 

and authorized to receive and despatch all letters to 
and from Congress, to and from their minister at the 
court of Madrid ; and that be re- 

mitted him for the purpose of paying express couriers 
to and from that port to the court of Madrid. That a 
circumstantial account of the several actions and suc- 
cesses of our troops against those of the enemy since 
the battle of Camden be transmitted through the afore- 
said channel to our minister at the court of Madrid, 
and a copy of the act of Virginia relinquishing their 
right to the navigation of the Mississippi. 

It was moved by Mr. Adams, seconded by Mr. M. 
Smith, that the consideration of the motion be post- 
poned. And on the question to postpone, the yeas and 
nays being required by Mr. Bland — 

New Hampshire, Mr. Sullivan, ^Ay.X 

Massachusetts Bay, Mr. Adams, Ay. > . 

Mr. Ward, Ay. J ^^' 

Connecticut, Mr. Huntington, Ay. ^ 

Mr. Root, Ay. > Av. 

Mr. WolcoU, Ay. ) 

Jfew Jersey, Mr. Clark, Ay. > . 

Mr. Houston, Ay. J 

Pennsylvania, Mr. Montgomery, Ay. ) . 

Mr. Clymer, Ay. \ ^^' 

Delaware, Mr. M'Kean, Ay. > . 

Mr. Vandyke, Ay. 5 ^^' 

Maryland, Mr. Hanson, Ay. ) . 

Mr. Carroll, Ay. J ^^' 



1781.} FOREIGN AITAIRB. 

Virginia, Mr. Bland, No. 

Mr. Smith, Ay 



S99 



•> 



IVIDED, 



Mr. Sharpe, Ay. ) j) 

Mr. Johnston, No. 5 ' 



North Carolina, 
South Carolina, 
Georgia, 

So it was resolved in the affirmative. 



Mr. Bee, 
Mr. Mottc, 

Mr. Few, 
Mr. Howly, 



Ay 

No 



.1- 



IVIOED. 



^y- I Ay 



MARCH 24, 1781, 

The chevalier de la Luzerne, minister plenipoten- 
tiary of France, by a memorial informed Congress, 
That the king, being made acquainted with the situa- 
tion of the affairs of the confederacy, had resolved to 
continue during the next campaign the land and sea 
forces which are now in this continent. That unfore- 
seen obstacles had prevented the junction of the se- 
cond division of sea forces with the first, as soon as 
was expected ; but that it was to sail as soon as possi- 
ble ; and that Congress should use their utmost exer- 
tions to have their army ready for action without the 
Jeast delay. 

But while the king, actuated by his love for the 
United States, of his mere motion was giving them 
succours which he was under no obligation to do, and 
out of regard to them lessened the efforts which he 
could have made for his own advantage, he had reason 
to expect a proportionable activity from Congress ; 
and he hopes that the United Slates, which have so 



4DQ SECRET JOURNAL- [March 24, 

much to gain or lose by the issue of the contest, will 
employ all their resources in the present conjuncture ; 
and that the Congress which is entrusted with their 
dearest interest will hasten to adopt effectual mea- 
sures for conducting matters to a happy issue. 

The chevalier de la Luzerne, when he communicated 
to the king the news of the final ratification of the con- 
federation, thought himself warranted to assure his 
majesty that this event would have a happy influence 
on the councils of this republick ; that they would 
thereby acquire all the energy necessary for conduct- 
ing the important business entrusted to them ; that the 
union would receive new force ; and he did not doubt 
but the ensuing campaign would give decisive proofs 
of this. And the minister relies that his hopes, which 
are the same as are entertained by the whole continent, 
will not be disappointed. It is at the same time essen- 
tial, while Congress are making the necessary arrange- 
ments for the ensuing campaign, that they should know 
for certain that they are to count only on their own 
resources for defraying the expenses that it will re- 
quire. The frankness of the king, and the friendship 
he bears to the United States, will not permit him to 
encourage an errour which they appear to be in, with 
respect to the pecuniary aids which they seem to ex- 
pect. The desire of securing their independence had 
induced his majesty to exceed the measure of the en- 
gagements he had contracted with ihem ; and he will 
continue to support their interests, either by powerful 
diversions or by immediate succours^ and they may rely 
not only on his most scrupulous punctuality in the exe- 
cution of his engagements, but upon all the extraordina- 



1781.] FOREIGN AFFAIRS. 401 

ry assistance which it will be in his power to give them. 
But as to pecuniary aids, the enormous expenses of 
the present war, and the necessity of preserving credit, 
which is the only means of providing for those expen- 
ses, do not permit his majesty's ministers to give Con- 
gress the least hope in that respect. The chevalier 
de la Luzerne will not dissemble that his court was 
exceedingly surprised on being informed of the step 
which Congress had taken in disposing of bills drawn 
on their minister, although they could not be ignorant 
that they had no funds for discharging them. This is 
a conduct totally inconsistent with that order which 
his majesty is forced to observe in his finances, and 
he has no doubt but, in future, Congress will most stu- 
diously avoid a repetition of it. He has nevertheless 
resolved to discharge the bills which became due last 
year, to the amount of oae million of livres ; and it is 
probable his majesty will be able to provide funds to 
the amount of three millions for the discharge of those 
which will become due in the course of the present 
year. The king's ministers have also procured for 
Mr. Franklin, whose zeal, wisdom and patriotism de- 
serve their utmost confidence, the sums necessary for 
the purchase he is ordered to make. These expenses, 
joined to those occasioned by sending a fleet and army 
to this continent, far exceed what Congress had a right 
to expect from the friendship of their ally ; and the 
chevalier de la Luzerne is persuaded, that from this 
moment Congress will abstain from that ruinous mea- 
sure of drawing bills of exchange without the previous 
knowledge and consent of his majesty's ministers. 
And as their attention is employed in what may be 
voh. ir. 51 



402 SECRET JOURNAL. [April 11, 

most for the convenience of the United States, they 
propose that Congress should furnish the fleet and army 
of his majesty which are in this country with the ne- 
cessary provisions, and receive in payment bills on 
the treasury of France, which will be punctually dis- 
charged. As to the manner in which this arrange- 
ment may be made, the minister will have the honour 
of entering into a minute discussion with a committee 
which he bogs Congress would be pleased to appoint 
to confer with him on the subject. 

The above was referred to a committee of six^ 
namely, Mr. Jones, Mr. S. Adams, Mr. Burke, Mr. 
M'Kean, Mr. Madison and Mr. Hanson. 



APRIL 11, 1781. 

On the report of the committee to whom was refer- 
red the memorial from the minister of France of the 
24th March, and a letter of the 2d, and one of the 3d 
December last, from Dr. Franklin, the minister pleni- 
potentiary of the United States at the court of Ver- 
sailles, 

Resolved, That the United States in Congress as- 
sembled will take every measure in their power for 
furnishing supplies to the amount of four hundred 
thousand dollars, for which their minister has entered 
into engagements, and will give immediate orders for 
forming magaaines of flour, biscuit, Indian corn and 
flesh provisions to be in readiness for the officers of 
his most christian majesty. 



1781.] FOREIGN AFFAIRS. 0i 



APRIL 27, 1781. 

A letter of the 28th of January, from the honourable 
J. Jay, was read : Whereupon, 

Ordered, That no more of the bills drawn on the 
honourable J. Jay, or the honourable Henry Laurens, 
be sold until the further order of Congress ; and that 
the board of treasury take immediate steps for stop- 
ping the sale. 

MAY 16, 1781. 

On a report from the board of admiralty, to whom 
was referred the letter of the 28th of January, from 
the honourable J. Jay, 

Resolved, That Mr. Jay be and he is hereby autho- 
rized to dispose of the hull of the seventy-four gun 
ship now on the stocks at Portsmouth, in the state of 
New Hampshire, together with such timber and other 
materials as are prepared for building her, to his catho- 
lick majesty, on such terms as he may judge best for 
the honour and interest of the United States. 

MAY 23, 1781. 

Ordered, That the board of war cause magazines of 
flour, Indian corn and flesh to be formed of the arrears 
of the specifick supplies required by the resolutions 
of the 25th of February, 1780, and lay before Con- 
gress as soon as may be a return of the supplies afore- 



40i SECRET JOURNAL. [May 28> 

said, for the purpose of carrying into effect the resolu- 
tion of the 1 1 th of April last. 



MAY 28, 1781. 

On the report of a committee to whom was referred 
a letter of the 6lh November, 1780, from the honoura- 
ble J. Jay, Congress agreed to the following letter : 

SIR, 

Your letter of the 6th of November last, detailing 
your proceedings from the 26th of May down to that 
period, has been received by the United States in 
Congress assembled. At the same time was received 
your letter of the 30th of November, with the several 
papers therein referred to. 

It is with pleasure, sir, I obey the direction of Con- 
gress to inform you, that throughout the whole course 
of your negotiations and transactions, in which the 
utmost address and discernment were ofien necessary 
to reconcile the respect due to the dignity of the Unit- 
ed States with the urgency of their wants, and the com- 
plaisance expected by the Spanish court, your conduct 
is entirely approved by them. It is their instruction 
that you continue to acknowledge, on all suitable occa- 
sions, the grateful impression made on these states by 
the friendly disposition manifested toward them by his 
catholick majesty, and particularly by the proofs given 
of it in the measures which he has taken, and which 
it is hoped he will further take, for preserving their 
credit, and for aiding them with a supply of clothing 
for their army. You are also authorized and instruct- 



1781. J FOREIGN AFFAIRS. mt 

cd to disavow, in the most positive and explicit terms, 
any secret understanding or negotiation between the 
United States and Great Britain ; to assure his catho- 
lick majesty that such insinuations have no other 
source than the invidious designs of the common ene- 
my; and that as the United States have the highest 
confidence in the honour and good faith both of his 
most christian and of his catholick majesty, so it is 
their inviolable determination to take no step which 
shall depart, in the smallest degree, from their engage- 
ments with either. 

Should the court of Spain persist in the refusal inti- 
mated by its minister to accede to the treaty between 
the United States and his most christian majesty, or to 
make it the basis of its negotiation wilh you, the diffi- 
culty, it is conceived, may easily be avoided by omit- 
ting all express reference to that treaty, and at the same 
time conforming to the principles and tenor of it 5 and 
you are accordingly authorized so far to vary the plan 
of your original instructions. As his most christian 
majesty, however, may justly expect, in a matter which 
so nearly concerns him, and which was brought into 
contemplation in the treaty he so magnanimously en- 
tered into with these states, the strongest marks of at- 
tention and confidence, you will not fail to maintain, in 
the several steps of your negotiation, a due communi- 
cation with his minister at the court of Spain, and to 
include his interests as far as circumstances will war- 
rant. 

You are authorized to acquaint his catholick majes- 
ty that not only entire liberty will be granted, during 
the war at least, to export naval stores for the royal 



4S4 SECRET JOURNAL. [May 28, 

marine, but that every facility will be aftbrded for that 
purpose. 

As Congress liave no control over the captains of 
private vessels, however proper your hints may be of 
obliging them to give a passage to American seamen 
returning home from foreign ports, and to send an offi- 
cer with despatches entrusted to them for foreign mi- 
nisters, it is impracticable to carry them into execution, 
you will therefore continue to provide for these ob- 
jects, for the present, in the best manner you can. As 
soon as the United Slates are in condition to establish 
consuls in the principal ports of the states with which 
they have intercourse, the difficulty will be removed ; 
or if any other practicable remedy be suggested in 
the mean time, it will be applied. 

The letter, of which you enclose a copy, from Ste- 
phen Audibert Caille, styling himself consul for unre- 
presented nations at the court of Morocco, had before 
been received through the hands of doctor Franklin. 
If you shall have no objection to the contrary, you 
will correspond with him, and assure him in terms the 
most respectful to the emperor, that the United States 
in Congress assembled entertain a sincere disposi- 
tion to cultivate the most perfect friendship with him, 
and that they will embrace a favourable occasion to 
announce their wishes in form. 

The generous and critical services rendered th^ic 
United States by Messrs. Neufville and Son have re- 
commended them to the esteem and confidence of Con- 
gress. You will signify as much to them, and that 
their services will not be forgotten, whenever a proper 
occasion offers of promoting their interests. 



1T81.] FOREIGN AFFAIRS. Mfl 

Your intimation with respect to complimenting his 
catholick majesty with a handsome fast sailing packet- 
boat, claims attention ; but the variety of publick em- 
barrassments will render the execution of it very 
uncertain. 

Congress agree to an extension of colonel Living- 
ston's furlough, till the further order of Congress, 
which you will make known to him. 

Your letter of the 16th September last was received 
on the 4tli day of December. No bills have been 
drawn on you since. That of the 28th January was 
received on the 27th day of April ; and in consequence 
of it the sale of the bills already drawn, but then re- 
maining on hand, was countermanded. 

By a letter from Mr. Carmichael, dated the 22d of 
February, and received on the 27th of April last, Con- 
gress are informed that you had received despatches 
from them dated in October. These must have con- 
tained their instructions to you to adhere to the claim 
of the United States to the navigation of the Mississippi. 
A reconsideration of that subject determined Congress, 
on the 15th day of February last, to recede from that 
instruction so far as it insisted on their claim to the 
navigation of that river below the thirty-first degree 
of north latitude, and to a free port or ports below the 
same. On the receipt of this latter instruction. Con- 
gress have little doubt that the great obstacle to your 
negotiations will be removed, and that you will not 
only be able, without further delay, to conclude the 
proposed alliance with his catholick majesty, but that 
the liberality and friendly disposition manifested on the 
part of the United States by such a cession will induce 



m SECRET JOURNAL, [May 29, 

him to afford them some sub:<tantial and effectual aid 
in the article of money. The loss attending the nego- 
tiation of bills of exchange has been severely felt. A 
supply of specie through the Havanna would be much 
more convenient and acceptable. 

MAY 29, 1781. 

On the report of a committee, consisting of 

to whom was referred a report of the board 
of treasury on the accounts of Mr. A. Lee, 

Ordered, That the board of treasury open in their 
books an account under such title as the Secretary of 
Congress shall point out, and credit the said account 
hy Arthur Lee, esquire, for three hundred and seventy- 
five thousand livres tournois paid to him for the ac- 
count of the United States, with which sum Mr. Lee 
is to be debited. 

On the 22d of May the minister of France trans- 
mitted to Congress a letter from his most christian 
majesty, in answer to theirs of the 22d of November 
last, and which is as follows : 

To our very dear great friends and allies the Pre- 
sident and members of the Congress of the Unit- 
ed States of North America. 

VERY DEAR GREAT FRIENDS AND ALLIES, 

We have received your letter of the 22d of Novem? 
ber last, which you directed Dr. Franklin to deliver. 
We have seen therein with pain the picture of the dis- 
tressed state of your fioancesj and have been so aflfect- 



I 



•3781.] FOREIGN AFFAIRS. 409 

ed that we have determined to assist you as far as our 
own wants and the extraordinary and enormous expen- 
ses of the present war in which we are engaged for your 
defence, will permit. The chevalier- de la Luztrne is 
enjoined to inform you more particularly of our in- 
tentions. And we are persuaded that the details which 
he will make will induce you to exert your utmost 
efforts to second ours, and will more and more convince 
you how sincerely we interest ourselves in the cause of 
the United States ; and that we employ all the means 
in our power to make it triumphant. You may rely on 
our perseverance in the principles which have hitherto 
directed our conduct. It has been fully proved, as 
well as the sincere affection we entertain for the Unit- 
ed States in general, and for each in particular. We 
pray God to have you, very dear great friends and 
allies, in his holy protection. 

Written at Versailles, the 10th March, 1781. Your 
good friend and ally. 

LOUIS. 

GRAVIER DE VERGENNES. 



At the time the minister of France transmitted the 
foregoing letter, he informed Congress that he had 
received despatches containing matters of great impor- 
tance whfch he would hasten to communicate as soon 
as his letters were all deciphered. 

Accordingly on the 25th of May he sent te Congress 
the following memorial : 
VOL. II. 62 



410 SECRET JOURNAL. [May 29, 

Philadelphia, May 25, 1781. 
The underwritten minister plenipotentiary of France 
has the honour to inform Congress, that the second 
division of the troops commanded by the count de 
Rochambeau of the fleet destined for the protection of 
the coasts of the United States could not be expedited, 
nor are they to be expected this campaign. Measures 
however are taken to reinforce the corps now at 
Rhode Island, and to despatch some vessels of force to 
join the squadron and enable it to put to sea. The 
underwritten entreats that Congress would be pleased 
to name a committee to whom he will communicate the 
causes of this change, and they will therein find new 
proofs of wisdom in the motives which direct the con- 
duct of his majesty. But although for very important 
reasons he is deprived of the pleasure of assisting the 
United States with so considerable a fleet and army as 
was proposed, he will not be wanting in the most vi- 
gorous efforts against the enemy ; and he trusts that the 
powerful diversions he shall make will prevent them 
from undertaking any enterprise which may not be 
baffled by the resources and courage of the United 
States. The king has at the same lime resolved to 
give them a new proof of his aff*ection, and of his ear- 
nest desire to remove the difficulties which they find in 
procuring funds to enable them to act with vigour and 
efficacy during the present campaign. With this view, 
notwithstanding the enormous expenses he is obliged 
to incur in supporting the war in which he is engaged, 
the king has resolved to set apart a considerable sum 
which is to be applied to the purchase of the clothings 



1781.] FOREIGN AFFAIRS. 411 

arms and ammunition, which Dr. Franklin was in- 
structed to apply for. Upon this subject, the count 
de Vergennes is to consult with that minister; and Mr. 
Neckar proposes to take the necessary measures for 
procuring the articles of a good quality and at a rea- 
sonable price. The king has resolved to grant the 
United States a subsidy of six millions livrcs tournois, 
and to enable Dr. Franklin to borrow four millions 
more for the service of this year. It is presumed (hat 
the whole amount of the six millions will not be want- 
ed for the purchase of the articles required : in that 
case it is his majesty's intention that the surplus be at 
the disposal of Congress, or of the superintendent of 
their finances, if they think proper to entrust him with 
the management of it. It was not possible for the 
court, considering the hasty departure of the frigate 
which brought the despatches, to determine the amount 
of the supplies after the purchase of the abovcmention- 
ed articles; but as the wants of the United States 
seem not to admit of delay, the chevalier de la Lu- 
zerne, without waiting for farther orders, undertakes 
of himself to fix it at one million five hundred thousand 
livres tournois. And if Congress think that the whole 
amount of this sum is wanted, he will immediately in- 
form his court thereof, that measures may be taken for 
the punctual discharge of the bills that may be drawn. 
As it is the king's intention to establish the greatest 
regularity in the payments, it will be proper for the 
underwritten minister to confer with Congress, or (he 
superintendent of finance, and to agree upon the drafts 
to be made, and the usances at which they shall be 
payable. It is necessary that the terms of payment bf 



41S SECRET JOURNAL. CMayg^, 

at a considerable distance one from another, lest the 
department of finance should not be in condition to 
pay such largo sums at short periods. The king's in- 
tention in granting the United Slates this gratuitous 
subsidy is to enable them to act with vigour during the 
present campaign. And his majesty desires that Con- 
gress would give the necessary orders, that the whole 
may be applied to this important object, which does 
not admit of any delay. The communications which 
the underwritten minister is charged to make to Con- 
gress ill convince them that not a moment's time is to 
be lost. 

On the 26th May the minister sent to Congress 
another memorial as follows : 

Philadelphia, May 26, 1781. 
The underwritten minister plenipotentiary of France 
has received orders to communicate to Congress some 
important details touching the present situation of sun- 
dry affairs in which the United States are immediately 
interested. The most essential respects some over- 
tures which announce, on the part of Great Britain, a 
desire of peace. The empress of Russia having invit- 
ed the king and the court of London to take her for 
mpdiatrix, the latter court considered this as a formal 
offer of mediation, and accepted it. It appeared at 
the same time to desire the emperor to take part there- 
in ; and this monarch has in fact proposed his co- 
mediation to the belligerent powers in Europe. The 
king could not but congratulate himself on seeing so 
important a negotiation in the hands of two mediators 



J781.] rOREIGN AFFAIRS, 4i3 

whose understanding and justice are equal. Never- 
theless, his majesty actuated by his affection for the 
United States, returned for answer, that it was not in 
his power to accept the offi-rs made to him, and that 
the consent of his allies was necessary. The king 
wishes to have this consent before he formally accepts 
the proposed mediation. Bui it is possible that cir- 
cumstances joined to the confidence he has in the me- 
diators, and thr justice of his cause, and that of the 
United States his allies, may determine him to enter 
upon a negoiiyiion before the answer ot Congress can 
reach him. But in either case, it is of great impor- 
tance that this assembly should give their plenipoten- 
tiary instructions proper to announce their disposition 
to peace, and their moderation, and to convince the 
powers of Europe that the independence of the thirteen 
United States, and the engagements they have con- 
tracted with the king, are the sole motives which de- 
termine them to continue the war; and that whenever 
they shall have full and satisfactory assurances on 
these two capital points, they will be ready to conclude 
a peace. The manner of conducting the negotiation, 
the extent of the powers of the American pleni- 
potentiary, the use to be made of them, and the 
confidence that ought to be reposed in the French 
plenipotentiaries and the king's ministers, are points 
which should be fully discussed with a committee. 
And the underwritten minister entreats that Con- 
gress would be pleased to name a committee, with 
whom he will have the honour to treat. lie thinks 
that this assembly will he sen>ible that the king could 
not give a greater mark of his affection for the thirteen- 



4U SECRET JOURNAL. [May 29, 

United States, or of his attachment to the principles of 
the alliance, than by determining not to enter upon a 
negotiation before they were ready to take part there- 
in, although, in other respects, his confidence in the 
mediators, and the relation he stands in to one of them, 
were sufficient motives to induce him to accept their 
offers. Congress are too sensible of the uncertainty 
of negotiations of this sort not to know, that the mo- 
ment of opening them is that precisely when the efforts 
against the enemy ought to be redoubled ; and that 
nothing can facilitate the operation of the negotiators 
so much as the success of the arms of the allies ; that 
a check would be productive of disagreeable conse- 
quences to both, and that would rise in their preten- 
sions, their haughtiness, and obstinacy, in proportion 
to the languor and slackness of the confederates. 

The undersigned will have the honour to communi- 
cate to the committee some circumstances relative to 
the sending Mr. Cumberland to Madrid ; to the use 
•which Mr. Adams thought he was authorized to make 
of his plenipotentiary powers; to the mission of Mr. 
Dana; to the association of the neutral powers, and to 
the present state of affairs in the south. Congress 
will find new motives for relying on the good will of 
the king, and on the interest he takes in favour of the 
United States in general, and of each one of them in 
particular. 

LE CHEVR. DE LA LUZERNE. 



The two foregoing memorials were referred to Mr. 
Carroll, Mr. Jones, Mr. Witherspoon, Mr, Sullivan 



1781.3 FOREIGN AFFAIRS. 4li 

and Mr. Mathews, who were instructed to confer with 
the minister, and receive his communications. 



May 28. The committee, appointed to confer with 
the minister of France, report, 

That the minister communicated some parts of a 
despatch which he had received from the count dc 
Vergennes, dated the 9th March, 1781. That the re- 
solves of Congress which had been adopted on the 
association of the neutral powers, were found very 
wise by the council of the king; and that it was 
thought they might be of service in the course of the 
negotiation. The French ministry did not doubt but 
they would be very agreeable to the empress of Rus- 
sia. But they were not of the same opinion with re- 
spect to the appointment of Mr. Dana, as a minister to 
the court of Petersburg. The reason is that Catharine 
the second has made it a point, until now, to profess 
the greatest impartiality between the belligerent pow- 
ers. The conduct she pursues on this occasion is a 
consequence of the expectation she has that peace 
may be re-established by her mediation ; therefore she 
could by no means take any step which might show on 
her side the least propension in favour of the Ameri- 
cans, and expose her to the suspicion of partiality to- 
wards America, and of course exclude her from the 
mediation. The appointment of Mr. Dana, there- 
fore, appears to be at least premature ; and the opi- 
nion of the council is that this deputy ought not to 
make any use of his powers at this moment. In case 
he applies to the count de Vergennes for advice, he 



41S Sl:CRET JOURNAL. [May 29, 

shall be desired to delay makincr any use of his powers. 
The count observes, it would be disagreeable to Con- 
gress that their plenipotentiary should nneet with a 
refusal, that their dignity would be offended, and that 
such a satisfaction ought not to be given to the court 
of London, especially when negotiations of a greater 
moment are about to commence. However, the 
French minister had orders to assure the committee 
that his court would use all their endeavours in proper 
time to facilitate the admissions of the plenipotentiary 
of Congress. 

The minister communicated to the committee se- 
veral observations resfiecting the conduct of Mr. 
Adams ; and in doing justice to his patriotick character, 
he gave notice to the committee of several circum- 
stances which proved it necessary that Congress should 
draw a line of conduct to that minister of which he 
might not be allowed to lose sight. The minister 
dwelt especially on a circumstance already known to 
Congress, namely, the use which Mr. Adams thought 
he had a right to make of his powers to treat with 
Great Britain. The minister concluded on this sub- 
ject, that if Congress put atiy confidence in the king's 
friendship and benevolence ; if they were persuaded 
of his inviolable attachment to the principle of the 
alliance, and of his firm resolution constantly to sup- 
port the cause of the United States, they would be 
impressed with the necessity of prescribing to their 
plenipotentiary a perfect and open confidence in the 
French ministers, and a thorough reliance qn the king; 
and would direct him to take no step without the ap- 



1781.} FOREIGN AFFAIRS. 417 

probation of his majesty ; and after giving him, in hig 
instructions, the principal and most important out- 
lines for his conduct, they would order him, with re- 
spect to the manner of carrying them into execution, 
to receive his directions from the count de Vergennes, 
or from the person who might be charged with the 
negotiation in the name of the king. The minister 
observed that this matter is the more important, be- 
cause, being allied with the United States, it is the bu- 
siness of the king to support their cause with those 
powers with whom Congress has no connexion, and 
can have none, until their independence is in a fjiir 
train to be acknowledged. That the king would 
make it a point of prudence and justice to supf)ort the 
minister of Congress ; but in case this minister, by 
aiming at impossible things, forming exorbitant de- 
mands, which disinterested mediators might think ilf- 
founded, or perhaps by misconstruing his instructions, 
should put the French negotiators under the necessity 
of proceeding in the course of the negotiation without a 
constant connexion with hira, this would give rise to an 
unbecoming contradiction between France and the thir- 
teen United Sfates, which could not but be of very bad 
effect in the course of the negoiiation. 

In making these observations the minister remarked, 
that it was always to be taken for granted, that the 
most perfect independency is to be the foundation of 
the instructions to be given to Mr. Adams ; and that 
without this there would be no treaty at all. The 
count de Vergennes observes that it is of great impor- 
tance that the instructions aforesaid be given as soon 
as possible to Mr. Adams. And the minister desired 
VOL. n. 53 



418 SECRET JOURNAL. [May 29, 

the commiltee to press Congress to have this done 
with all possible despatch. He communicated to the 
committee the following particulars, as a proof that 
this matter admits of no delay, and that it is probable 
the negotiation will very soon be opened. He told 
the committee that the English ministry, in the false 
supposition that they might prevail on the court of 
Madrid to sign a separate peace, had begun a secret 
negotiation with that court by the means of Mr. Cum- 
berland, but without any success. That the court of 
Spain had constantly founded her answer on her en- 
gagements with his most christian majesty. That oa 
the other side, the king of France had declared to the 
king his cousin, that the independence of the United 
States, either in fact, or acknowledged by a solemn 
treaty, should be the only foundation of the negotia- 
tions of the court of France with that of London. 
That the British court not seeming to be disposed to 
grant the independency, it appeared the negotiation of 
Mr. Cumberland was superfluous. However, this 
English emissary continued and still continues his re- 
sidence at Madrid, although he cannot have any ex- 
pectation of obtaining the object of his commission. 
That this direct negotiation was known to all Europe j 
and that it seemed to render every mediation useless. 
That, however, the empress of Russia, excited by mo- 
tives of friendship to the belligerent powers, and ia 
consequence of the share which the association of the 
neutral powers had given her in the general emergen- 
cy, has invited the king of France and the court of 
London to require her mediation. That the court of 
London has accepted the invitation with a kind of ea- 



I 



1781.] FOREIGN AFFAIRS. 41t> 

gerness, and at the same time dpsired the emperor of 
Germany to take a part in it. That the answer of the 
king of France to the overtures of the court of Peters- 
burg was, that he would be glad to restore peace by 
the mediation of Catharine, but that it was not in his 
power immediately to accept her offers, as he had al- 
lies whose consent was necessary for that purpose. 
To the same application made by the court of Peters- 
burg to that of Madrid, this court answered, that hav- 
ing entered into a direct negotiation with the court of 
London by the means of Mr. Cumberland, it thought 
proper to wait the issue of it before it bad recourse to 
a mediation. The emperor, as has already been ob- 
served, having been desired by the court of London 
to take part in the mediation, immediately informed 
the king of France, as well as his catbolick majesty, 
of this circumstance, offering his co-mediation to both 
the allied monarchs. To this the king of France gave 
the same answer which he had given to the empress 
of Russia. As to the king of Spain, he again expres- 
sed his surprise at the English ministry's requesting a 
mediation, after having entered into a direct negotia- 
tion ; and he declared that unless this negotiation 
should be broken off by the English themselves, it 
would be impossible for him to listen to a mediation 
which, in any other circumstance, would be infinitely 
agreeable to him. 

These answers, though of a dilatory nature, may be 
looked upon as an eventual acceptation of the media- 
tion. The minister observed that it will be, in effect, 
difficult to avoid it. That a refusal will not be con- 
sistent with the dignity of the two powers that had 



490 SECRET JOURNAL, [May 29, 

offered their interposition. That the king is obliged, 
from friendship and good policy, to treat them with at- 
tention. Hf further observed, that the demands of 
the king of France will be so just and so moderate, 
that they might be proposed to any tribunal whatever. 
That the only reason the king could have to suspend 
a formal acceptation is, that, at the time the offer was 
was made, he was not acquainted with the intentions 
of his allies, namely, Spain and the United States. 

The minister observed to the committee, that, in his 
opinion, this conduct must afford Congress a new proof 
of the perseverance of the king in the principle of the 
alliance, and of his scrupulous attention lo observe his 
obligations ; he added that, however, it is not without 
mconveniency that this dilatory plan has been adopted. 
The distance between the allied powers of France and 
the United States has obliged the court of Versailles 
to adopt that plan, though liable to inconveniences, in 
order to conform to the engagements made by the trea- 
ties to determine nothing into a negotiation without the 
participation of Congress. Besides, several states 
being invaded by the enemy, the French council 
thought it inconvenient to begin a negotiation under 
these unfavourable circumstances. And being in hopes 
that the diversions made by the king's arms will pre- 
vent the British from making very great exertions 
against the thirteen United States, the French ministry 
expected that during the course of the present campaign 
they might be enabled to present the situation of their 
allies in a more favourable light to the Congress that 
might assemble for peace. These delays, however, 
cannot with propriety take place for any long time : 



I 



1781.3 FOREIGN AFFAIRS. 4fl 

and it was the opinion of the French ministry that it 
would be contrary to decency, prudence and the laws 
of sound policy again to refuse listening to the propo* 
sitions of peace made by friendly powers ; for which 
reason the chevalier de la Luzerne was directed to lay 
all these facts confidentially before Congress. The 
minister Informed the committee that it was necessary 
that the king should know the intentions of the United 
Slates with regard to the proposed mediation ; and that 
his majesty should be authorized by Congress to give 
notice of their dispositions to all the powers who would 
take part in the negotiation for a pacification. The 
minister delivered his own opinion, that he saw no in- 
conveniency arising from the Congress imitating the 
example of the king, by showing themselves disposed 
to accept peace from the hands of the emperor of Ger- 
many and the empress of Russia, He added, that 
Congress should rely on the justice and wisdom of those 
two sovereigns ; and at the same time, he renewed the 
assurances that his majesty will defend the cause of 
the United States as zealously as the interests of his 
own crown. He informed the committee that, accord- 
ing to all accounts, the British ministry were removing 
as far as possible, in this negotiation, every idea of 
acknowledging the independence of what they call 
their thirteen colonies ; and he said that Congress 
would judge by themselves that the court of London 
would debate with the greatest energy and obstinacy, 
the articles relating lo America. He availed himself 
of this reflection lo impress the committee with the 
necessity Congress are under of securing in their fa- 
vour the benevolence and good will of the mediating 



^ SECRET JOURNAL. [May 29, 

powers, by presenting their demands with the greatest 
moderation and reserve, save independence, which wil 
not admit of any modification. He further observed, 
that it was possible the difficulty of making a defini- 
tive peace might engage the mediators to propose a 
truce ; and that it was necessary therefore to autho- 
rize eventually the plenipotentiary of the United States 
to declare their intention thereon. 

He further observed that whatever might be the 
resolution of Congress, they would do well to recom- 
mend to their plenipotentiary to adopt a line of conduct 
that would deprive the British of every hope of caus- 
ing divisions between the allies, and to assume a con- 
ciliating character as much as can be consistent with 
the dignity of his constituents, and to show such a con- 
fidence in the plenipotentiary of his most christian 
majesty as is due to a power so much interested to 
support the dignity and honour of a nation whose in- 
dependence they have acknowledged. 

The minister told the committee that whatever 
might be the resolution of Congress respecting a peace 
or a truce, it was necessary to carry on the war with 
the utmost vigour. He urged reasons too well known 
to Congress to be related. 

He desired the committee to inform Congress, that 
in case the offer of mediation from the two impe^ia^ 
courts should become so serious and so pressing as to 
oblige the king to give a decisive answer, his majesty 
would accept of it conditionally for himself and for 
the United States. The taking this resolution would 
have no inconvenience, as the court of France knew 
no reasons which could prevent them from following 



1781.] rOREIGN AFFAIRS. 423 

the example of the king by trusting their interests into 
the hands of just and wise mediators, and the refusal 
being liable to very dangerous consequences. The 
minister concluded the conference by observing, that a 
great object was to secure the United States from the 
proposition of uti possidetis : that the surest way to 
* obtain that end was to reduce the English to confess 
i that they are not able to conquer them. That present 
circumstances require great exertions from the consi- 
deration; and that it was plain that every success gain- 
ed by the army of Congress would infinitely facilitate 
the negotiations of their plenipotentiaries. 

Ordered, That the foregoing communication be re- 
ferred back to the committee to report thereon. 

On the first of June the committee reported the draft 
of a letter to the several states, which was agreed to. 
[See secret journal for domestick affairs, &c.] 

JUNE 6, 1781. 

The committee to whom was referred their report of 
the communications made to them by the minister of 
France, having reported thereon, their report was 
taken into consideration : And thereupon, 

Resolved, That the minister plenipotentiary, &c. be 
authorized and instructed to concur, in behalf of these 
United States, with his most christian majesty in ac- 
cepting the mediation proposed by the empress of Rus- 
sia and the emperor of Germany ; but to accede to no 
treaty of peace which shall not be such as may cfiec- 
tually secure the independence and sovereignty of the 
thirteen states, according to the form and e^ect of the 



4M SECRET JOURNAL. [June 6, 

treaties subsisting between the said states and his most 
christian majesty, and in which the said treaties shall 
not be left in their full force and validity. 

A motion was then made by Mr. Witherspoon, se- 
conded by Mr. Houston, That the minister who is to 
negotiate in behalf of the United States be further in- 
structed as follows : 

" But as to disputed boundaries, and other particu- 
" lars, we refer you to our former instructions, from 
'* which you will easily perceive the desires and ex- 
" pectations of Congress ; but we think it unsafe at 
" this distance to tie you up by absolute and perempto- 
" ry directions upon any other subject than the two 
" essential articles abovementioned. You will, there- 
" fore, use your own judgment and prudence in secur- 
" ing the interest of the United States in such manner 
" as circumstances may direct, and as the state of the 
" belligerent and disposition of the mediating powers 
" may require. 

" You are to make the most candid and confidential 
" communications, upon all subjects, to the ministers of 
" our generous ally the king of France ; to undertake 
" nothing in the negotiations for peace without their 
" knowledge and concurrence; and to make them sen- 
" sible how much we rely upon his majesty's influence 
" for effectual support, in every thing that may be ne- 
" cessary to the present security or future prosperity 
-' of the United States of America." 

On the question to agree to the first paragraph, the 
yeas and nays being required by Mr. M. Smith — 



1781.] 

New Hampshire, 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jfersey, 

Pennsylvania, 

Maryland, 
Virginia, 

North Carolina, 
South Carolina, 

Georgia, 



FOREIGN AFFAIRS. 



4?5 



Mr. Sullivan, Ay.) . 
Mr. Liverraorc, Ay. y 



Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



No. 



No. 



No.^ 
Ay. yx 



Mr. S.Huntington,No. ) 
Mr. Ellsworth, Ay. > No. 
Mr. Sherman, No. ) 

Mr. Witherspoon,Ay. > . 
Mr. Houston, Ay. ^ 



Mr. Atlee, 
Mr. Clymer, 
Mr. T. Smith, 



Mr. Jenifer, Ay. ^^x 




Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



No.) 

No.VNo. 

No.S 



Ay. 

No. 

Ay. 
Ay. 
Ay. 

Ay. 



Divided. 



Ay. 



So the question was lost. Whereupon, 
Ordered, That the report together with the forego- 
ing motion be recommitted. 

VOL. II. 5^ 



SECRET JOURNAL. [June 7, 



JUNE 7, 1781. 

The committee to whom was recommitted their re- 
port, together with the motion of Mr. Witherspoon, 
reported, that they have considered the subject refer- 
red to them, and submit to the consideration of Con- 
gress the motion of Mr. Witherspoon, together with 
the following additional and secret instructions with 
respect to the boundaries of the United States : 

1. You are to use your utmost endeavours to secure 
the limits fixed, exactly according to the description in 
your former instructions. 

2. If that cannot be obtained, it is the wish of Con- 
gress that a peace be made without fixing northern and 
western limits; but leaving them to future discussion. 

3. If that also is found impracticable, and bounda- 
ries must be ascertained, you are to obtain as advanta- 
geous a settlement as possible in favour of the United 
States. 

The secret instructions were taken into considera- 
tion ; and on the question to agree to the first, the 
yeas and nays being required by Mr. M. Smith — 

Resolved in the affirmative, every member answer- 
ing Ay. 

On the question to agree to the second, the yeas and 
nays being required by Mr. M. Smith — 

New Hampshire, Mr. Sullivan, No. ) ^ 

Mr. Livermore, No. 5 



Massachusetts. Mr. Lovell, Ay 

Mr. Ward, N 



^* > Divided. oHj 
0.J I 



1781.] 

Rhode Island, 
Connecticut, 

New Jersey, 
i Pennsylvania, 

Maryland, 

' Virginia, 

t' 

r 

North Carolina, 
South Carolina, 

Georgia, 



FOREIGN AFFAIRS. 



Mr. Varnum, 



42'/ 



>Ay. X 



Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 



Huntington, 

Ellsworth, 

Sherman, 

Witherspoon, 
Houston, 

Atlee, 
Clymer, 




Ay.) 



Ay 



Ay. 



Mr. Jenifer, 



>Ay. X 



Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 



Jones, 
Madison, 
Bland, 
M. Smith, 

Sharpe, 
Johnston, 

Mathews, 

Bee, 

Motle, 

Walton, 

Few, 

Howlv, 




So it was resolved in the affirmative. 
On the question to agree to the third, the yeas and 
nays being required by Mr. Smith — 



New Hampshire, 
Massachusetts, 



Mr. Sullivan, Ay. ) ^^ 
Mr. Livermore, Ay. 3 



Mr. Lovell, 
Mr. Ward, 



No. 
No 



.1 



No. 



4eft 

Rhode Island, 

Connecticut, 

New Jersey, 

Pennsylvania, 

Maryland, 

Virginia, 

North Carolina, 
South Carolina, 

Georeia, 



SECRET JOURNAL. [June 8 

Mr. Varnum, Ay. ^X 

Mr. S. Huntington, Ay. ^ 
Mr. Ellsworth, AyS Ay. 
Mr. Sherman, No. S 



Mr. Wiiherspoon, Ay. 
Mr. Houston, A}'. 



Ay. 



Mr. Clymer, 

Mr. Jenifer, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
BIr. Motte, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



Ay. )>X 
Ay. >x 

No.-^ 

No. [ ^ 
No. f^N^- 
No.J 

Ay. ) pk 

TVT > Divided. 

No. 5 

Ay.) 
Ay.} Ay. 



Ay.) 

Ay. > Ay. 
Ay.^ 



So the question was lost. 



JUNE 8, 1781. 

The subject of the instructions was resumed ; and 
the first part of Mr. Witherspoon's motion, which was 
again reported by the committee, being under debate, 
a motion was made by the state of Virginia to add to 
it as follows : 



1 



i 



1781.] 



FOREIGN AFFAIRS. 



A'.i 



" Provided that you shall not recede from the for- 
" mer ultiraalum of Congress on the subject of the 
"boundaries of the United Slates, in any part thereof, 
"except with respect to so much of the said ultima- 
" turn as delineates the boundary from the intersection 
"of the forty-fifth degree of north latitude, with the 
* "river St. Lawrence to the mouth of the Illinois river, 
"from which you are authorized to recede so far as to 
" agree that the boundary of the states between these 
"two points sftall run from the intersection aforesaid, 
" through the middle of the said rivers, of lake Onta- 
" rio, of the strait of Niagara, and of lake Erie, to 
" the mouth of the Miami river, thence in a direct line 
" to the source of the river Illinois, and thence down 
" the middle of the said river to its confluence with the 
"Mississippi." 

On the question to agree to this, the yeas and nays 
being required by Mr. Bland — 



New Hampshire, Mr. Sullivan, 
Mr. Livcrmore 



Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 



Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



, No. 5 

No. I ^°- 
>No. X 

Mr. S.Huntington, No. ^ 
Mr. Ellsworth, No.V No. 
Mr. Sherman, No.) 

Mr. Witherspoon, No. > ^ 
Mr. Houston, No.5^^°- 

';|no. 



Mr. Atlee, 
Mr. Clymer, 



No. 
No. 



430 SECRET JOURNAL. [June 8> 

Maryland, Mr. Jenifer, No. ) ^ 

Mr. Carroll, No. 5 ^^°* 

Virginia, Mr. Jones, -^y*^ 

Mr. Madison, Ay. I . 

Mr. Bland, Ay. f^^' 

Mr. Smith, Ay.J 



North Carolina, Mr. Sharpe, 
Mr. Johnston, 



No^.1d- 



IDED. 



South Carolina, Mr. Mathews, No. J 

Mr. Bee, No. y No. 

Mr. Motte, No. ) 

Georgia, Mr. Walton, No. ^ 

Mr. Few, No.V No. 

Mr. Howly, No. 3 

So it passed in the negative. 

A motion was made by the state of Virginia to add 
the words following : 

" Provided that you shall not in any case agree to a 
" cession of any part of the territory lying on the 
" south-east side of the river Ohio ; nor admit any ex- 
" elusive claims on the part of Great Britain to the 
" territory lying between the said river, the river Mis- 
" sissippi and Illinois, and the lakes Erie and Ontario." 

A division was called for; and on the question to 
agree to the first clause as far as " the river Ohio" in- 
clusive, the yeas and nays being required by Mr. Ma- 
dison — 



New Hampshire, Mr. Sullivan, No. ) ^r 
Mr. Livermore, No. 3 



1781.] 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 
Maryland, 
Virginia, 

North Carolina, 
South Carolina, 

Georgia, 



FOREIGN AFFAIRS. 

Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



431 



No. > M 
No. \ No- 

Ay. yAr.x 



Mr. S. Huntington, No. ^ 
Mr. Ellsworth, No. > No. 
Mr. Sherman, No. ) 

Mr. Witherspoon, No. > j^ 

HI TT . ' At Divided. 

Mr. Houston, Ay. 5 

Mr. Atlee, No. > ^ 

Mr. Clymer, No. 5 ^^°* 



Mr. Jenifer, 
Mr. Carroll, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 




No.) 
No. } No. 
No.S 



So it passed in the negative, and the second clause 
was dropped. 

A motion was then made by Mr. Smith, seconded by 
Mr. Bland, to strike out all that follows the words. 
•' expectations of Congress." 

Question put. 



^ 



SECRET JOURNAL. 



[June B, 



Passed in the negative. 

On the question to agree to the first part of Mr. Wi- 
therspoon's motion, the yeas and nays being required 
by Mr. Smith — 



New Hampshire, 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 
Maryland, 
Virginia, 

North Carolina, 
South Carolina, 

Georgia, 



Mr. Sullivan, 
Mr. Livermore, 

Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



Ay.) 
Ay. I 



Ay. 



^y- 1 Ay 
)>Ay. X 



Mr. S.Huntington, Ay. ^ 
Mr. Ellsworth, Ay. S Ay. 
Mr. Sherman, Ay.) 



Mr. Witherspoon, Ay. ) 
- - Ay.^ 



Mr. Houston, 

Mr. Atlee, 
Mr. Clymer, 

Mr. Jenifer, 
Mr. Carroll, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



Ay. 



I^'Iay. 

Ay. 5 




Ay.) 
Ay. > Ay. 




nsiJ] 



FOREIGN AFFAIRS. 



433 



So it was resolved in the affirmative. 

On the question to agree to the second clause, vijs. 
" You are to make the most candid," &ic. to the end, 
the yeas and nays being required by Mr, Ward — 



New Hampshire, 

Massachusetts, 

Rhode Island, 
>, Connecticut, 

New Jersey, 
Pennsylvania, 
Maryland, 
Virginia, 

North Carolina, 
South Carolina, 

VOL. II. 



Mr. Sullivan, 
Mr. Livermore, 



Ay.) 
Ay. 5 



Ay. 



Mr. 
Mr. 

Mr. 

Mr. 
Mr. 

Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

55 



Lovell, 
Ward, 



No.> M 
No.JNo. 

Varnum, ^Ay. x 

S.Huntington,Ay. ^ 
Ellsworth, Ay.V Ay. 
Sherman, Ay.) 

Witherspoon, Ay. > . 
Houston, Ay. 5 ^^' 



Atlee, 
Clymer, 

Jenifer, 
Carroll, 

Jones, 
Madison, 
Bland, 
M. Smith, 

Sharpe, 
Johnston, 

Mathews, 

Bee, 

Motte, 



th- 



Ay. 



^y- Uy 

Ay. r^' 



Ay. 



Ay, 



434 SECRET JOURNAL. [June t, 

Georgia, Mr. Walton, 

Mr. Few, Ay.^ Ay. 

Mr. Howlj, 



So it was resolved in the affirmative. 

A motion was then made by Mr. Carroll, seconded 
by Mr. Atlee, to reconsider the third of the additional 
and secret instructions reported by the committee. 

The question being put, was lost. 

On motion of Mr. Witherspoon, seconded by Mr. 
Clymer, 

Resolved, That 'the first and second of the addi- 
tional and secret instructions passed yesterday be re- 
considered. 

The question being then severally put to agree to 
the first and second of the additional and secret instruc- 
tions, 

Passed in the negative. 

The instructions as agreed to are as follows : 

You are hereby authorized and instructed to concur, 
in behalf of these United States, with his most chris- 
tian majesty, in accepting the mediation proposed by 
the empress of Russia and the emperor of Germany. 
But you are to accede to no treaty of peace which 
shall not be such as may, 1st, effectually secure the 
independence and sovereignty of the thirteen states, 
according to the form and effect of the treaties sub- 
sisting between the said states and bis most christian 
majesty ; and, 2dly, in which the said treaties shall not 
be left in their full force and validity. 

As to disputed boundaries, and other particulars, we 
refer you to your former instructions of the 14th Au- 



nSl.] FOREIGN AFFAIRS. 4SS 

gust, 1779, and 18th October, 1780, from which you 
will easily perceive the desires and expectations of 
Congress ; but we think it unsafe at this distance to 
tie you up by absolute and peremptory directions upon 
any other subject than the two essential articles above- 
mentioned. You will therefore use your own judg- 
ment and prudence in securing the interest of the 
United States in such manner as circumstances may 
direct, and as the state of the belligerent and disposi- 
tion of the mediating powers may require. 

You are to make the most candid and confidential 
communications, upon all subjects, to the ministers of 
our generous ally the king of France ; to undertake 
nothing in the negotiations for peace or truce, without 
iheir knowledge and concurrence ; and to make them 
sensible how much we rely upon his majesty's influ- 
ence for eflfectual support in every thing that may be 
necessary to the present security or future prosperity 
of the United States of America. 

JUNE 9, 1781. 

On motion of Mr. Witherspoon, 

Resolved, That the following additional instruction 
be given. 

If a difficulty should arise in the course of the nego- 
tiation for peace from the backwardness of Britain to 
make a formal acknowledgment of our independence, 
you are at liberty to agree to a truce, or to make such 
other concessions as may not affect the substance of 
what we contend for ; and provided that Great Britain 



43i6 



SECRET JOURNAL, 



[Jane 9^ 



be not left in possession of any part of the thirteen 
United States. 

On the question to agree to this, the yeas and nays 
being required by Mr. Smith — 



New Hampshire, Mr. Sullivan, 

Mr. Livermore, 



^y- 1 Ay 



Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 

Maryland, 
Virginia, 

North Carolina, 
South Carolina, 



Mr. Lovell, 
Mr. Ward, 

Mr. Varnum, 



Ay. 



Ay. 7 
Ay.$ 

No. yx 



Mr. S. Huntington, Ay. ^ 
Mr. Ellsworth, Ay.V Ay^ 
Mr. Sherman, Ay.) 

Mr. Witherspoon, Ay. ) . 
Mr. Houston, Ay. I 

Mr. J. Montgomery, Ay.^ 
Mr. Atlee, Ay. U ^ 



Mr. Clymer, 
Mr. T. Smith, 

Mr. Jenifer, 
Mr. Carroll, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 



Ay. 
Ay.J 

^y* I Ay 

No'. r^^^VIDED. 

No'.J 




1781.] 

Georgia, 



FOREIGN AFFAIRS. 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



437 



Ay. 



So it was resolved in the affirmative. 

The committee having reported as their opinion, 
that some persons be joined with the honourable John 
Adams in negotiating a treaty of peace between these 
United States and Great Britain — 

On the question. Shall any person or persons be 
joined, the yeas and nays being required by Mr. 
Mathews — 



New Hampshire, 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 

Pennsylvaniaj 

Maryland, 



Mr. Sullivan, No. 

Mr. Livermore, No 

Mr. Lovell, No. 

Mr. Ward, No. 

Mr. Varnum, 

Mr. Huntington, No. 

Mr. Ellsworth, No. 

Mr. Sherman, No. 



:] 



No. 



No. 



>.No. X 



No. 



Mr. Witherspoon, No. ) 
Mr. Houston, No. 5 



No. 



Mr. J. Montgomery, No. ■> 
Mr. Atlee, Ay. [^^ 

Mr. Clymer, Ay. [ 

Mr. T. Smith, Ay.J 



Mr. Jenifer, 
Mr. Carroll, 



Ay.) 

Ay. 5 



At. 



4QS SECRET JOURNAL. [June II, 



Virginia, Mr. Jones, 

Mr. Madison, 



No.^ 
No. I M 

Nn >N0. 




IVIPCD. 



Mr. Bland, No. . 

Mr. M. Smith, NoJ 

North Carolina, Mr. Sharpe, 
Mr. Johnston, 

South Carolina, Mr. Mathews, 
Mr. Bee, 
Mr. Molte, 

Georgia, Mr. Walton, 

Mr. Few, 
Mr. Howly, 

So it passed in the negative* 

Ordered, That the committee appointed to confer 
with the minister of France communicate confidential- 
ly to him the substance of the foregoing instructions ; 
and that they prepare an answer to the letter from his 
most christian majesty; and a letter to Dr. Franklin; 
that they also revise the instructions given to the minis- 
ter plenipotentiary respecting a treaty of commerce 
with Great Britain, and report thereon. 

JUNE 11, 1781. 

The committee, appointed to confer with the minis^- 
ter of France, report, 

That they have communicated to him the substance 
of the instructions to the minister plenipotentiary, fof 
negotiating a peace, and submit it as their opinion, 
that the said instructions be reconsidered so far as to 
admit the following amendments : 



1781.) FOREIGN AFFAIRS. 431 

1. In the third clause of the instructions, to strike 
out the words, " will therefore use your own judgn:ient 
" and prudence in securing," and in lieu thereofto in- 
sert, " are therefore at liberty to secure." 

2. To introduce the fourth clause by inserting at 
the beginning thereof the following words, " for this 
purpose." 

3. After the words " concurrence and," to insert 
the following words: " ultimately to govern yourself 
" by their advice and opinion, endeavouring in your 
** whole conduct." 

The vote for reconsidering being taken and pass- 
ed— 

On the question to agree to the first amendment, 
the yeas and nays being required by Mr. Bland — 

New Hampshire, Mr. Sullivan, Ay. ) . 

Mr. Livermore, Ay. 3 

Massachusetts, Mr. Ward, No. )> x 

Rhode Island, Mr. Varnum, No. y x 

Connecticut, Mr. S.Huntington, Ay. 

Mr. Ellsworth, Ay 
Mr. Sherman, Ay 

New Jersey, Mr. Witherspoon, Ay. ) . 

Mr. Houston, Ay, J ^^' 

Pennsylvania, Mr.J.Montgomery, Ay. ) 

Mr. Atlee, Ay. \ Ay. 

Mr. Clymer, Ay. ) 

Maryland, Mr. Jenifer, Ay. ) . 

Mr. Carroll, Ay. j ^'^* 



!? Ay. 



440 



SECRET JOURNAL. 



[June llj 



Virginia, 


Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. Smith, 


Ay.^ 

^>'- Iat 
No. f A^- 

Ay.J 


North Carolina, 


Mr. Sharpe, 
Mr. Johnston, 


z\-- 


South Carolina, 


Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 


Ay.) 

Ay. > Ay. 

Ay.i 


Georgia, 


Mr. Walton, 
Mr. Few, 
Mr. Howly, 


Ay.) 

Ay. > Ay. 
Ay.i 



So it was resolved in the affirmative. 
The second amendment passed without division. 
On the question to agree to the third amendment, 
the yeas and nays being required by Mr. Bland — 



New Hampshire, 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 



Mr. Sullivan, 
Mr. Livermore, 

Mr. Lovell, 
Mr. Ward. 

Mr. Varnum, 



Ay. 

Ay. 



Ay. 



No. 
No 



:| 



No. 



)>No. X 



Mr.S.Huntington, No.^ 
Mr. Ellsworth, No.V No, 
Mr. Sherman, No.) 



Mr. Witherspoon, Ay. ) 
Mr. Houston, Ay. 5 



Ay. 



Mr. J. Montgomery, No."^ 

Mr. Atlee, Ay. ( y^ 

Mr^i *•' > Divided, 

r. Clymer, Ay. [ 

Mr. T. Smith, No.J 



mt.} FOREIGN AFFAIRS. 411 

Maryland, Mr, Jenifer, Ay. > . 



Mr. Carroll, Ay. 




Virginia, Mr. Jones, 

Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

North Carolina, Mr. Sharpe, Ay. ) . 

Mr. Johnston, Ay. J ^^' 

South Carolina, Mr. Mathews, 

Mr. Bee, Ay.^ Ay. 

Mr. Motie, 

' Georgia, Mr. Walton, 

Mr. Few, Ay.)- Ay. 

Mr. Howly, 

So it was resolved in the affirmative. 

The committee further recommended a reconsidc' 
ration of the question. Whether any person or persons 
be joined to Mr. Adams in negotiating a peace between 
these United States and Great Britain. 

The question for reconsideration having passed in 
the affirmative, 

Resolved, That two persons be joined to Mr. 
Adams in negotiating a peace between these United 
States and Great Britain. 

Resolved, That Wednesday nest be assigned for 
electing the persons to be joined to Mr. Adams. 

The following persons were put in nomination : 

Mr. Jay, by Mr. Mathews. 
Mr. John Laurens, by Mr. Howly. 
Mr. Thos. Jefferson, by Mr. M. Smith. 
VOL. II. 56 



442 SECRET JOURNAL. [June 13, 

Mr. Franklin, by Mr. Varnum. 

Mr. Jos. Reed, by Mr. Witherspoon. 

Mr. William Carmichael, by Mr. Jenifer. 

JUNE 13, 1781. 

Congress proceeded to an election ; and the ballots 
being taken, the honourable John Jay was elected. 

Ordered, That the election of the other person be 
postponed till tomorrow. 

The committee reported the draft of a letter to his 
most christian majesty, which was agreed to as follows : 

The United States in Congress assembled, to their 
great, faithful, and beloved friend and ally, Lewis 
the sixteenth, king of France and Navarre. 

GREAT, FAITHFUL, AND BELOVED FRIEND AND ALLY, 

We have received your majesty's letter of the 10th 
of March. The measures adopted by your majesty 
in consequence of the representation made of the situa- 
tion of our finances, the repeated testimonies of your 
majesty's unalterable determination to render the 
cause of the United States triumphant, and also the 
affection which your majesty has been pleased to ex- 
press for the United States in general, and for each 
state in particular, demand from us the strongest sen- 
timents of gratitude. 

The important communications made by your nia- 
jesty's plenipotentiary have been considered by us 
with the greatest attention. The result of our delibe- 
rations will be made known to your majesty by our 
minister plenipotentiary at your court, and will evince 



1781.] FOREIGN AFFAIRS. 443 

the entire confidence we have in your majesty's friend- 
ship and perseverance in the principles which have 
directed your conduct in maintaining the interest of 
the United States to this time. 

We pray God that he will keep your majesty, our 
great, faithful, and beloved friend and ally, in his holy 
protection. 

Done at Philadelphia, the 13th day of June, in the 
year of our Lord, 1781, and in the 5th year of 
our independence. 
By the United States in Congress assembled. 
Your faithful friends and allies. 

S. HUNTINGTON, President. 
Ch. Thomson, Secretary. 



JUNE 14, 1781. 

On motion of Mr. Sharpe, seconded by Mr. M'Kean, 

Resolved, That two more persons, making in the 
whole four, be joined to the honourable John Adams 
in negotiating a treaty of peace with Great Britain. 

Mr. Henry Laurens was put in nomination by Mr. 
Bland. 

Congress proceeded to the election ; and the ballots 
being taken, 

The honourable Benjamin Franklin, 

The honourable Henry Laurens, and 

The honourable Thomas Jefferson, were elected. 



SECRET JOURNAL. 



[June lif 



JUNE 15, 1781. 

A motion was made by Mr. M'Kean, seconded by 
Mr. Partridge, to re-consider the third amendreient pro- 
posed by the committee, and adopted on the 11th; 
and on the question to reconsider, the yeas and nays 
being required by ?»Ir. Partridge — 



New Hamjjshire, 

Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 



Mr. Livermore, No. )>X 



Mr. Lovell, 
Mr. Osgood, 
Mr. Partridge, 



Ay. 

Ay 

Ay 



;( 



Ay. 



Mr. Varoum, Ay. yAv. 

Mr. S. Huntington,Ay. ^ 
Mr. Ellsworth, Ay. > Ay. 
Mr. Sherman, Ay. ) 

Mr. Wilherspoon, No. ) ^ 
Mr. Houston, No. 5 ^^^' 



Mr. Atlee, 
Mr. Clymer, 
Mr. T. Smith, 

Mr. Rodney, 
Mr. M'Kean, 

Mr. Jenifer, 
Mr. Carroll, 
Mr. Potts, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. M, Smith, 



Ay. 



No. 



Ay, 



No. 



No.^ 

No. ! vr 

Ay. ^No. 
No. / 



1781.] FOREIGN AFFAIRS. 446 



IDED. 



North Carolina, Mr. Sharpe, No. 7 ^^^ 

Mr. Johnston, Ay. ^ 

South Carolina, Mr. Mathews, No.") 

Mr. Bee, No. I ^^ 

Mr. Moltr, No. f^^' 
Mr. Eveleigh, 

Georgia, Mr. Walton, 

Mr. Few, No. )> No. 

Mr. Howly, 

So it passed in the negative. 



INSTRUCTIONS TO THE HONOURABLE JOHN ADAMS, BEN- 
JAMIN FRANKLIN, JOHN JAY, HENRV LAURENS AND 
THOMAS JEFJERSON, MINISTERS PLENIPOTENTIARY 
ON BEHALF OF THE UNITED STATES OF AMERICA TO 
NEGOTIATE A TREATY OF PEACE. 

You are hereby authorized and instructed to con- 
cur, in behalf of these United States, with his most 
christian majesty, in accepting the mediation proposed 
by the empress of Russia and the emperor of Ger- 
many. 

You are to accede to no treaty of peace which shall 
not be such as may, let, effectually secure the inde- 
pendence and sovereignty of the thirteen states, ac- 
cording to the form and effect of the treaties subsisting 
between the said states and his most christian majesty; 
and, 2d, in which the said treaties shall not be left 
in their full force and validity. 

As to disputed boundaries and other particulars, we 
refer you to the instructions formerly given to Mr. 
Adams, dated 14th August, 1779, and 18th October, 



446 SECRET JOURNAL. [June 15, 

1780, from which you will easily perceive the desires 
and expectations of Congress; but we think it unsafe, 
at this distance, to tie you up by absolute and pe- 
remptory directions upon any other subject than the 
two essential articles abovementioned. You are 
therefore at liberty to secure the interest of the United 
States in such manner as circumstances may direct, 
and as the state of the belligerent and disposition of 
the mediating powers may require. For this purpose, 
you are to make the most candid and confidential com- 
munications upon all subjects to the ministers of our 
generous ally, the king of France ; to undertake no- 
thing in the negotiations for peace or truce without 
their knowledge and concurrence ; and ultimately to 
govern yourselves by their advice and opinion, en- 
deavouring in your whole conduct to make them sen- 
sible how much we rely on his majesty's influence for 
effectual support in every thing that may be necessary 
(o the present security, or future prosperity, of the 
United States of America. 

If a difficulty should arise in the course of the ne- 
gotiation for peace, from the backwardness of Britain 
to make a formal acknowledgment of our indepen- 
dence, you are at liberty to agree to a truce, or to 
make such other concessions as may not affect the 
substance of what we contend for ; and provided that 
Great Britain be not left in possession of any part of 
thet hirteen United States. 

SAMUEL HUNTINGTON, President. 

Ch. Thomson, Secretary. 



1781.] FOREIGN AFFAIRS. 447 

The committee reported the draft of a commission 
to the ministers plenipotentiary for negotiating a peace, 
which being amended, was agreed to as follows : 

The United States of America in Congress assem- 
bled — To all to whom these presents shall come, 
send greeting. 

Whereas these United States, from a sincere desire 
of putting an end to the hostilities between his most 
christian majesty and these United States on the one 
part, and his Britannick majesty on the other, and of 
terminating the same by a peace founded on such solid 
and equitable principles as reasonably to promise a 
permanency of the blessings of tranquillity, did here- 
tofore appoint the honourable John Adams, late a 
commissioner of the United States of America at the 
court of Versailles, late delegate in Congress from the 
state of Massachusetts, and chief justice of the said 
state, their minister plenipotentiary, with full powers, 
general and special, to act in that quality, to confer, 
treat, agree and conclude with the ambassadors or 
plenipotentiaries of his most christian majesty and of 
his Britannick majesty, and those of any other princes 
or states whom it might concern, relating to the re-es- 
tablishment of peace and friendship : And whereas the 
flames of war have since that time been extended, and 
other nations and states are involved therein : — Now 
KNOW YE, That we, still continuing earnestly desirous, 
as far as depends upon us, to put a stop to the efiusion 
of blood, and to convince the powers of Europe thai 
we wish for nothing more artlently than to terminate 
the war by a safe and honourable peace, have though'. 



448 SECRET JOURNAL. [June 16, 

proper to renew the powers formerly given to the said 
John Adams, and to join four other persons in com- 
mission with him ; and having full confidence in the 
integrity, prudence, and ability of the honourable 
Benjamin Franklin, our minister plenipotentiary at 
the court of Versailles, the honourable John Jay, late 
President of Congress, and chief justice of the state 
of New York, and our minister plenipotentiary at the 
court of Madrid, and the honourable Henry Laurens, 
formerly President of Congress, and commissionated 
and sent as our agent to the United Provinces of the 
low countries, and the honourable Thomas Jefferson, 
governour of the commonwealth of Virginia — have 
nominated, constituted and appointed, and by these 
presents do nominate, constitute and appoint the said 
Benjamin Franklin, John Jay, Henry Laurens and 
Thomas Jefferson, in addition to the said John Adams, 
giving and granting to them the said John Adams, 
Benjamin Franklin, John Jay, Henry Laurens and 
Thomas Jefferson, or the majority of them, or of such 
of them as may assemble, or in case of the death, 
absence, indisposition, or other impediment of the 
others, to any one of them, full power and authority, 
general and special, conjunctly and separately, and 
general and special command to repair to such place.] 
as may be fixed upon for opening negotiations fori 
peace ; and there for us and in our name to confer, 
treat, agree and conclude with the ambassadors, com- 
missioners, and plenipotentiaries of the princes and. 
fttates whom it may concern, vested with equal powers,! 
relating to the establishment of peace ; and what- 
^fiocver shall be agreed and concluded for us and in 



XJBl.] POREIGN AFFAIRS. 449 

our name, to sign, and thereupon make a treaty or 
treaties, and to transact every thing that may be ne- 
cessary for completing, securing and stren^^ihening 
the great work of pacification, in as ample form, and 
with the same effect as if we were personally present 
and acted therein : hereby promising, in good faith, 
that we will accept, ratify, fulfil and execute whatever 
shall be agreed, concluded and signed by our said 
ministers plenipotentiary, or a majority of them, or of 
Buch of them as may assemble, or in case of the death, 
absence, indisposition, or other impediment of the 
others, by any one of ihem ; and that we will never 
act nor suffer any person to act contrary to the same, 
in whole or in any part. In witness whereof we have 
caused these presents to be signed by our President, 
and sealed with his seal. 

Done at Philadelphia, the fifteenth day of June, ia 
the year of our Lord, one thousand seven hundred 
and eighty-one, and in the fifth year of our inde- 
en den ce. By the United States in Congress as- 
sembled. 

SAML. HUNTINGTON, President, 

Ch. Thomson, Sec'y. 

JUNE 18, 1781. 

The committee appointed to confer with the minis- 
ter plenipotentiary of France, report. 

That on the second conference with the minister of 
France, he communicated some parts of a despatch 
vot. II. 57 



450 SECRET JOURNAL. [June 18, 

dated the 7tb of August, 1780. the first part relating to 
losses suffered by French merchants, either trading 
with private houses in America, or engaged in transac- 
tions of commerce for Congress, or the several states. 
He informed the committee that several papers which 
should have accompanied this despatch, were not come 
to hand, so that he could not state what kind of com- 
pensation the merchants might expect. The minister 
however mentioned in the conference, that without 
waiting the arrival of those papers, which may have 
been lost, or may be delayed for a long time, some re- 
commendation might be thought proper to be sent from 
Congress to the several states, in order to prevent for- 
ever the effect of the tender laws operating against 
foreign merchants ; that this would be an encourage- 
ment to commerce, and remove the fears of foreign 
traders in their transactions with the citizens of the 
United States. The minister communicated that part 
of the count de Vergennes' letter relating to the dis- 
cussion which was between him and Mr. J. Adams 
with respect to the depreciation of the paper money, 
and the effect this had produced on the French trade; 
however, he did not enter fully into the matter, not 
being furnished with the proper papers. 

The other objects of the communications of the mi- 
nister of France were the measures taken by the court 
of Russia, and the northern powers, on account of the 
rights of neutrality, and the conduct to be observed 
by the belligerent powers towards subjects of neutral 
powers ; and he informed the committee that those 
northern courts had made formal declarations to the 
powers at war respecting the principles of neutrality ; 



1781.J FOREIGN AFFAIRS. 4^1 

and that they had concluded a convention for the se- 
curity of their navigation and of their fair trade. 'J'hat 
this convention was particularly obnoxious to the court 
of London, as it was now obliged to respect neutral 
flags, which it had till then treated with the greatest 
severity, exercising against them every kind of depre- 
dation according to its former practice. That France 
fully approved of that convention, the consequence of 
which was that all the powers concerned, while they 
did justice to the principles of the kin^i's council, con- 
sidered the British more and more as the tyrants of 
the sea. The king's council, therefore, thought it pro- 
per to transmit this intelligence to Congress, leaving it 
to their wisdom to adopt the principles of the neutral 
powers laid down so long ago as the 26ih July, 1778, 
in an ordinance of the king, which the minister of 
France delivered several months ago, with other print- 
ed papers, on the same subject, to the board of admi- 
ralty. The minister thought it the more important for 
the United States to conform their maritirne laws to 
that system, as they would thereby conciliate to them- 
selves the benevolence of the neutral powers. He 
observed that American privateers had presumed to 
stop neutral vessels loaded with English merchandise, 
which had given rise to unfavourable observations and 
complaints against the United States. He observed 
that Holland had taken a part in the association of the 
northern courts ; and that therefore she ought to be 
comprehended in the orders of Congress, if it should 
be thought proper in those orders to mention the names 
of particular powers. But, if Congress adopted a 
conduct similar to that of France, they would extend 



4S2 SECRET JOURNAL. [June 18i 

their orders in favour of all neutral powers generally. 

The minister then gave a short historical account of 
the negotiation of Mr. Cumberlanrl, observing that the 
matter being now obsolete, ii was sufficient to mention 
that this agrnt, having made proposals of peace to the 
king of Spain, the first question he was asked was, 
what were the intentions of the court of London re- 
specting the United States ? That he, having no in- 
structions on this subject, or pretending to have none, 
h:id sent an express to London. That the express 
had not returned when this letter was written. 

Tf»e minister informed the committee that the court 
of Versailles had neglected nothing to procure arms, 
ammunition and clothing for Congress. That the 
good intentions of the court had not been well second- 
ed by the American agents; that it was their fault if 
these articles had not been forwarded in lime ; that 
the ministers did not intend to accuse any one in par- 
ticular ; but were of opinion that Congress should in- 
quire into the cause of the delay, in order to inflict 
such punishment as would prevent the like conduct in 
future. 

The minister then communicated the substance of a 
despatch of the 9th March, 1781 ; and entering fully 
into the subject, he told us that so early as the begin- 
ning of the year 1780, he had informed Congress that a 
mfdiation might be opened in Europe. That the me- 
diators might propose the uti possidetis as the basis of 
the negotiation. That it was of the utmost impor- 
tance to prevent the effect of a proposition so incon- 
sistent with the independence of the United States. 
That the court of France wished to give them every 



1781.] FOREIGN AFFAIRS. 4ia 

assistance in their power ; but he had observed, at the 
same time, that the political system of the kingdom, 
being closely connected with that of other European 
powers, France might be involved in difficulties which 
would require the greatest attention, and a considera- 
ble part of her resources. That he had informed Con- 
gress confidentially that the death of the sovereigns of 
some of the European states with whom the court of 
France bad the most intimate connexion might oblige 
her to employ the greatest part of her resources to se- 
cure her against the dangers which might be occasion- 
ed by such an event. That since (hat communication 
> was made to Congress, both those cases had happened. 
That the empress queen was dead. That the court of 
Versailles flattered itself that this will not at this time 
give rise to any material change in the politicks of the 
courts of Vienna and Berlin. That circumstances, 
however, are such that prudence dictates not to leave 
the frontier of France on Germany unprovided for de- 
fence. That the character the king bears of guarantee 
or protector of the liberties of the German empire 
obliges him to be ready to assist effectually the mem- 
bers of that body, whose safety may be endangered, 
and of consequence occasions extraordinary expenses. 
That France is at the same time obliged to spare the 
land forces of the kingdom, and at the present crisis 
rot to keep them at too great a distance. That this 
however is only a point of caution and prudence. That 
the court of France still hopes the issue will be peacea- 
ble and agreeable to her wishes ; but has thought it 
proper to inform Congre«s of it. That matters are dif- 
ferent with respect to the Dutch. That they are now 



4H SECRET JOURNAL. [June 18, 

in a state of war with the English ; but there is among 
them a party in favour of England ; and notwithstand* 
ing the accession of the two opposing provinces to the 
resolution of the states for making reprisals, a media- 
tion has been entered into between London and the 
Hague ; and the empress of Russia acts as mediatrix. 
That it is evident the court of London, by opening this 
negotiation, designs to draw the Seven Provinces to 
her side ; and even goes so far as to expect, that she 
may employ the resources of the Dutch against France, 
either directly or indirectly. That the disposition of 
that republick is still such as friends would wish. 
But the strongest argument which the British party 
make use of to separate the Seven Provinces from 
France is, that they are destitute of a naval force ; 
that their seamen are captured by the British ; that 
all their riches will likewise fall a sacrifice; and that 
their settlements in the East and West Indies are in 
the greatest danger. That under these circumstances 
it was become necessary for France to afford imme- 
diate protection to the Dutch in Europe ; and to make 
without delay a diversion which may possibly save 
their East India possessions. That these measures 
had rendered it actually impossible to send to the Unit- 
ed States the reinforcement which was announced. 

The minister of France thinks that this confidential 
and friendly explanation of the situation of France 
■will convince Congress that the king could not pursue 
a different line of conduct; and that the consequences 
of the measures he has taken must at last turn to their 
advantage. That, however, count de Rochambeau 
and Mens. Barras will receive some reinforcements, 



1781.3 FOREIGN AFFAIRS. 455 

and will inform the chevalier de la Luzerne how con- 
siderable they are. 

The minister told the committee that the friendship 
and benevolence of the king for the thirteen United 
States had engaged him to trust Congress with these 
details, observing at the same time, that it would be 
proper to keep them secret. In giving an account of 
the subsidy granted by the king of France, the minis- 
ter concluded by observing, that the count de Ver- 
gennes writes that what remains of the six millions, 
after purchasing the supplies of arms and ammunition, 
would be at the disposal of Congress ; or, if they 
should so direct, at the disposal of the commander in 
chief, or of their financier, if there should be one ; and 
that the resolution Congress took on this subject should 
be made known to the ministry, that funds may be 
provided accordingly. In the course of the confe- 
rence the chevalier mentioned the suras that had been 
procured for these states since the beginning of the 
year 1780. That in that year the count de Vergennes 
had on his own credit procured for doctor Franklin 
three millions of livres. That in December doctor 
Franklin wanted one million more to honour the bills 
drawn by Congress; and that he received the iburth 
million. That in the course of the present year, the 
count has procured for him on loan four millions of 
livres, which make eight millions borrowed on the 
guaranty of France since the aforementioned period. 
And now the king makes a gratuitous donation of the 
subsidy of six millions, which in the whole make up 
the sum of fourteen millions since the commencement 
of the year 1780. 



«fi SECRET JOURNAL. [June 19, 



JUNE 19, 1781. 

The committee reported the draft of a letter to doc- 
tor Franklin, which was agreed to as follows : 

SIR, 

Congress have received your letter of the 12th 
March last, with the papers enclosed. The prospect 
of conferences being soon opened in Europe, under the 
mediation of the imperial courts of Petersburg and 
Vienna, for accommodating the disputes between the 
belligerent powers, which must necessarily involve the 
essential interests of these United States, has deter- 
mined us to increase the number of our ministers for 
negotiating a peace with Great Britain. We have 
therefore added yourself, Messrs. Jay, H. Laurens, 
and Thomas Jefferson to Mr. Adams, to repair to such 
place as shall be fixed on for transacting this impor- 
tant business. 

A compliance with your request to retire from pub- 
lick employment would be inconvenient at this parti- 
cular conjuncture, as it is the desire of Congress to 
avail themselves of your abilities and experience at 
the approaching negotiation. Should you find repose 
necessary, after rendering the United States this fur- 
ther service, Congress, in consideration of your age 
and bodily infirmities, will be disposed to gratify your 
inclination. 

You will present the letter to his most christian ma- 
jesty, and communicate to him the instructions to our 



il^l.] FOREIGN AFFAIRS. 457 

ihinistcrs for negotiating a peace, attended with such a 
memorial as your prudence shall suggest, and the im- 
portance of the subject requires. 



JUNE 22, 1781. 

, A letter of 24th, one of 28th, and one of 31st 
March, one of 2d, and one of 4lh April, from the ho- 
nourable F. Dana, were read. 

' Ordered, That they be referred to the committee on 
the memorials from the minister of France, namely, 
Mr. Carroll, Mr. Jones, Mr. Witherspoon, Mr. Sulli- 
van and Mr. Mathews. 



JUNE 26, 1781. 

The committee to whom were referred the letters 
from Mr. Dana, brought in a report : Whereupon, 

Resolved, That Mr. Dana, until he can proceed to 
the court of Petersburg, either in a publick or private 
character, without risking the interest or dignity of the 
United States, be and he is hereby appointed secreta- 
ry to the ministers plenipotentiary of these United 
States for negotiating a peace with Great Britain, with 
the salary allowed to him by the act of the 4th of 
October, 1779. That in case Mr. Dana shall have 
proceeded, or shall hereafter proceed to Petersburg, 
or to any part of the dominions of the empress of 
llussia, the ministers appointed by the act of Congress 
of the 15th June, 1781, or a majority of such of them 
as shall assemble, be and they are hereby authorized 
to appoint a secretary to their commissionj and that he 
VOL. n. 58 



468 SECRET JOURNAL. [Jnne 29, 

be entitled to receive, in proportion to his time of 
service, the salary of one thousand pounds sterling 
per annum allowed to Mr. Dana. 

That the President furnish Mr. Dana with letters of 
credit on the minister of these United States at the 
court of Versailles for the amount of his salary while 
he acts as secretary to the ministers plenipotentiary of 
the United States for negotiating a peace, or during 
the time he shall be in a private character in Russia. 

That the President furnish Mr. Dana with letters of 
credit on the minister of these United States at the 
court of Versailles, for a sum sufficient to enable him 
to engage a private secretary, or clerk, when he shall 
assume his publick character of minister plenipoten- 
tiary to the court of Petersburg. 

JUNE 29, 1781. 

A motion being made by Mr. Madison, seconded by 
Mr. M. Smith, in the words following : 

Additional instruction to the minister plenipotentiary 
for negotiating a treaty of commerce with Great Britain. 

That the minister plenipotentiary for negotiating a 
treaty of commerce with Great Britain be instructed to 
enter into no such treaty, unless, in addition to the sti- 
pulations relative to the fisheries required by Congress 
in their instructions to the said minister of the 13th 
August, 1779, all the objects included in their ultima- 
tum relative to a treaty of peace, as the same stood 
prior to their instructions on that subject of the 1 5th day 
of June, instant, be in such treaty of commerce explicit- 
ly acknowledged and stipulated to the United States. 



1781.] 



FOREIGN AFFAIRS. 



45'J 



On the question to agree to this, the yeas and nays 
being required by Mr. M. Smith — 

New Hampshire, Mr. Sullivan, No. ) -^^^ 



Massachusetts, 

Rhode Island, 
Connecticut, 

New Jersey, 

Pennsylvania, 

Maryland, 
Virginia, 

North Carolina, 
South Carolina, 




Mr. Livermore, No. 



Mr. Lovell, 
Mr. Partridge, 
Mr. Osgood, 



Mr. Varnum, Ay. )> x 

Mr. Huntington, Ay.^ 
Mr. Ellsworth, No.>Ar. 
Mr. Sherman, Ay.) 

Mr. Witherspoon, No. ) -p. 

TM u . A ^ Divided. 

Mr. Houston, Ay. 5 

Mr. Montgomery, No. ^ 
Mr. Clvmer, No. > No. 

Mr. T." Smith, 



Mr. Jenifer, 
Mr. Carroll, 
Mr. Potts, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 
Mr. M. Smith, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 
Mr. Eveleigh, 



Ay.> 

No.> 
No.> No. 
No.S 

Ay.^ 

No. f^"^' 
Ay.) 

Ay. \ ^^' 




4M SECRET JOURNAL. [July 10, 

Georgia, Mr. Walton, No, > .^ 

Mr. Few, Nc^^^^* 

So it passed in the negative. 

JULY 10, 1781. 

Congress agrrcd to the following commission and 
instructions to Thomas Barclay, vice consul. 

COMMISSION TO THOMAS BARCLAY, ESQUIRE. 

The United States of America to Thomas Barclay, 
Esquire, Greeting. 

We, reposing special trust and confidence in your 
abilities and integrity, do by these presents constitute 
you our vice consul in France, during the absence of 
William Palfrey, esquire, our consul, from that king- 
dom, or during the pleasure of Congress, to exercise 
the functions and to enjoy all the honours, authorities, 
pre-eminences, privileges, exemptions, rights, and emo- 
luments to the said office appertaining. And we here- 
by enjoin it upon all merchants of these United States, 
and upon all captains, masters and commanders of 
ships and other vessels, armed or unarmed, sailing 
under our flag, as well as all others of our citizens, to 
acknowledge the said Thomas Barclay, and to obey him 
in his vice consular quality; praying and requesting 
our very dear great friend and ally, his most christian 
majesty, his governours and other officers whom it 
may concern, to permit the said Thomas Barclay fully 
and peaceably to enjoy the said office, without giving. 



1781.] FOREIGN AFFAIRS. 461 

or suffering to be given, any molestation or trouble to 
him ; but on the contrary to afford him all counte- 
nance and assistance,.; offering to do the same for all 
those who shall be in like manner recommended to us 
by him. 

In testimony whereof, we have caused these presents 
to be given in Congress, at Philadelphia, this 10th 
day of July, in the year of our Lord, 1781, and 
in the Gth year of our independence. 

INSTRUCTIONS TO THOMAS RARCr,AV, ESQUIKE. 
SIR, 

Herewith you will receive a commission, constituting 
you our vice consul in France, during the absence of 
William Palfrey, esquire, our consul from that king- 
dom, or during the pleasure of Congress. 

You are at liberty to fix your residence at that port 
which may be best adapted to the execution of the 
powers entrusted to you : for besides your proper 
vice consular functions, you are to receive and for- 
ward all supplies to be obtained in that kingdom for 
the use of the United States, and to assist in directing 
our naval affairs. 

You will regularly transmit to us accounts of the 
civil and military constitutions of the place where you 
reside, of its advantages for commerce with the world 
in general, and especially with these United States. 

You will give to our minister plenipotentiary in 
France such observations as you may from time to 
time make, or obtain, tending to promote, through him, 



4fiS SECRET JOURNAL. [July 11, 

the service of your country. You will receive from 
America, according as good opportunities present, 
funds for the discharge of your duties as our commer- 
cial agent; but at your first arrival, and in cases of 
absolute necessity, you are authorized to draw upon 
our minister plenipotentiary in France, taking care 
always to give him early notice of such necessities, 
that he may aid you from funds procured on our ac- 
count, without doing injury to our other concerns. 
You may also draw, under the like circumstances, 
upon other funds which you shall know to have been 
procured for us in Europe. 

You are hereby authorized and instructed to call 
for any property belonging to these United States, and 
now in the hands of any persons who have acted as 
agents for us in France, so that you may obtain a 
comprehensive view of our effects there, and may 
contrive the best modes of transmitting them to Ame- 
rica. 

You will also carefully attend to such instructions as 
we shall from time to time communicate to you, either 
directly or through our ministers plenipotentiary. 

Done at Philadelphia, the lOih day of July, in the 
year of our Lord, 1781, and in the 6th year of 
our independence. By the United States in 
Congress assembled. 

JULY 11, 1781. 

On the report of the committee, consisting of Mr. 
Mathews, Mr. Carroll and Mr. Sullivan, to whom 



1781.] rOREIGN AFFAIRS. 463 

was referred a letter of the 3th, from the superinten- 
dent of finance, 

Resolved, That Congress approve of the superin- 
tendent of finance undertaking the negotiation of loans 
either in Spain or Portugal, in conjunction with Mr. 
Jay, on the most advantageous terms the same can be 
obtained. 

That Mr. Jay be authorized to send Mr. Carmi- 
chael to Lisbon, on the plan proposed by the superin- 
tendent of finance; provided Mr. Jay shall be of opi- 
nion his presence in Spain can at the time be dispensed 
with. 



JULY 12, 1781. 

A motion was made by Mr. Madison, seconded by 
Mr. Mathews, That the commission and instructions 
for negotiating a treaty of commerce between these 
United States and Great Britain, given to the honoura- 
ble John Adams on the 29th day of September, 1779, 
be and they are hereby revoked. 

On the question to agree to this, the yeas and nays 
being required by Mr. Partridge — 

New Hampshire, Mr. Livermore, )»No.X 

Massachusetts, Mr. Partridge, No. > ^ 

Mr. Osgood, No.^^^*^' 

Rhode Island, Mr. Varnum, r^Ay.X 

Connecticut, Mr. Ellsworth, No. } -kj 

Mr. Sherman. No. ^ 



^64 
Pennsylvania, 

Delaware, 
Maryland, 

Virginia, 

North Carolina, 
South Carolina, 

Georgia, 



SECRET JOUHNAL. 



[July 20, 



Mr. Montgomery, Ay. 

Mr. Clymer, Ay. S' Ay. 

Mr. T. Smith, 



Mr. Rodney, 
Mr. M-Kean, 

Mr. Jenifer, 
Mr. Carroll, 
Mr.' Potts, 

Mr. Jones, 
Mr. Madison, 
Mr. Bland, 

Mr. Sharpe, 
Mr. Johnston, 

Mr. Mathews, 
Mr. Bee, 
Mr. Motte, 
Mr. Eveleigh, 

Mr. Walton, 
Mr. Few, 
Mr. Howly, 



Ay. J 
Ay.S 



Ay. 



Ay. 



Ay. 



So it was resolved in the affirmative. 



JULY 20, 1781. 

A memorial from the honourable the minister of 
France was read, stating that he has received some 
despatches which he wishes to communicate to Con- 
gress by means of a committee. 

Ordered, That a committee of five be appointed to 
receive the communications of the honourable the 
minister of France. 



1J81.] FOREIGN AFFAIRS. m 

The members — Mr. Witherspoon, Mr. Carroll, Mr. 
Varnum, Mr. Sullivan and Mr. Mathews. 



JULY 23, 1781. 

The committee appointed to receive the communi- 
cations of the honourable the minister of France, deli- 
vered in the following report : 

The minister, from his despatches of the 9th of 
January, 1781, communicated to your committee the 
causes which delayed the measures which the court 
of France proposed to take for the naval operaiions of 

I'; this campaign, the length of the passage of count de 
Estaing to Brest, and other circumstances not neces- 
sary now to be recapitulated; and then told us that he 
was desired, in the mean while, to continue to assure 
Congress, that the interest which his majesty takes in 
^the American cause will essentially influence his mea- 
sures for the present campaign. 

The minister continued by observing, that tbe pre- 
sent situation of affairs between Great Britain and 

I Holland presented a favourable opportunity for a 

"^ union of the two republicks. 

Your committee will not repeat the details of what 
has happened between the two powers of England and 
Holland; it is sufficient to observe, that Sweden and 
Denmark have adopted the plan of armed neutrality 
framed by the empress of Russia, That the Dutch, 
upon invitation, had done the same ; and the court of 
London, irritated by this step, took hold of the pre- 
tence afforded by the papers found on Mr. Laurens, 
and published a manifesto on the 21st day of Deccm'^^ 
VOL. II. 59 



496 SECRET JOURNAL. [July 23, 

ber, as well as a proclamation for expediting letters 
of marque. That this state of affairs, and the other 
conspquences of this step, deserve the attention of 
Congress. That, if their high mightinesses should join 
in this war, it would bring the two republicks to terms 
of more intimate union. That the opinion of the coun- 
cil of the king was, that Congress ought not to neglect 
to send to Holland a prudent and able man, with full 
powers. It would likewise be advantageous to give 
proper instructions to that minister; and as it may 
happen, in the course of the negotiations, that unfore- 
seen incidents may present themselves, and as it is im- 
possible at this distance to have quick information, it 
would be proper to have further instructions given by 
Dr. Franklin, in order to avoid all inconsistency or con- 
tradiction ; and that the political operations of Con- 
gress, aiming towards the same end, may of course be 
more successful. 

The minister communicated to your committee the 
contents of another despatch of the 19lh of February 
last. After stating some facts relating to Mr. Laurens's 
capture and its consequences, which Congress is al- 
ready acquainted with, the minister informed your com- 
mittee that the empress of Russia had on the 5th of 
January received the accession of the United Provinces 
to the association of neutral powers, and that there was 
great probability that her imperial majesty would sup- 
port the Dutch against the tyranny of England ; and 
that, in every supposition, Congress would do well to 
take such measures as to prepare without delay the 
means of uniting the interest of the two republicks by 
making proper advances to the states general. The 



1781.] FOREIGN AFFAIRS. 467 

minister added, that he was authorized by the king tu 
offer Congress his interposition for this purpose. 

The minister informed that, according to appearan- 
ces, the empress of Russia seemed to be well disposed 
to the independence of the United States ; and that 
these dispositions give reason to think that the empress 
will see with pleasure, that Congress has adopted her 
principles as to the neutrality ; and that the count de 
Vergennes has sent that resolution to the marcjuis Vc- 
rac, the minister of France at the court of Russia. 

Ordered, That this report be referred to the said 
committee. 

AUGUST 1, 1701. 

The committee to whom were referred the commu- 
nications of the honourable the minister of France de- 
livered in a report. 

AUGUST 9, 1781. 

The report of the committee on the communications 
of the honourable the minister of France was taken 
into consideration, and after debate, 

Ordered, That it be committed ; and that the com- 
mittee report instructions to the honourable John 
Adams respecting a treaty of alliance with the United 
Provinces of the Netherlands. 

AUGUST 10, 1781. 

Congress resumed the consideration of the report ol 
the committee on the letter of the 9th of July, from thr 



'46B 



SECRET JOURNAL. 



CAug. 10. 



Mr. Sullivan, No. 

Mr. Livermore, No 



;|no. 



No.) 

No.>No. 

No.S 



superintendent of finanre ; and on the question to agree 
to the following propositions, viz. 

That the minister be empowered to make such further 
cession of the right of these United States to the na- 
vigation of the river Mississippi as he may think proper, 
and on such terms and conditions as he may think most 
for I he honour and interest of these United States — 

The yeas and nays being required by Mr. Sher- 
man — 

New Hampshire, 
Massachusetts, 

Rhode Island, 
Connecticut, 
New York, 
New Jersey, 
Pennsylvania, 

Delaware, 
Maryland, 



Mr, Lovell, 
Mr. Partridge, 
Mr. Osgood, 

Mr. Mo wry, 
Mr. Varnum, 

Mr. Ellsworth, 
Mr. Sherman, 

Mr. Duane, 



No. 
No. 



No. 



No. 
No 



•J No. 



No. 



Mr.L'HommedieujNo. 



No. 



Mr. Boudinot, 
Mr. Elmer, 



No. 

No 



:] 



Mr. Montgomery, No. 
Mr. Clymer, No.' 

Mr. T. Smith, No.| 



No, 



No. 



Mr. M'Kean, 
Mr. Vandyke, 

Mr. Jenifer, 
Mr. Carroll, 



No. 
No 



■.\ 



No. 



No. } K 
No.r^ 




1781.] • FOREIGN AFFAIRS, 

Virginia, Mr. Jones, 

Mr. M.i'Jison, 
Mr. Bland, 
Mr. Randolph, 

North Carolina, Mr. Sharpe, )>No.x 

South Carolina, Mr. Bee, No. } ^ 

Mr. Eveleigh, No. 5 ^^°* 

Georgia, Mr. Walton, No. > »j 

Mr. Howly, No. 5 ^°' 

So it passed in the negative. 

Ordered, That the committee of foreign affairs 
transmit to the minister plenipotentiary of these Unit- 
ed States at the court of Madrid, such information re- 
lative to the surrender of Pensacola, and the subse- 
quent arrival of the garrison at New York, as they 
can obtain, to the end that he may make such repre- 
sentation thereon as shall appear to him to be proper. 

A letter of the 24th of July, from the honourable 
the minister of France, with a copy of his letter of the 
same date to the board of admiralty, having been deli- 
vered to Congress on the 25th of the same month, and 
referred to the committee of commerce, the said com- 
mittee brought in a report; Whereupon, 

Resolved, That the honourable the minister of 
France be requested to inform the governour and in- 
tendant of St. Domingo, that the United States have 
not at present any agent whatever residing at that is- 
land ; and that Congress, not intending to appropriate 
their funds to commercial purposes, have not the ap- 
pointment of such an officer in contemplation. 



479 SECRET JOURNAL. [Aug. 16, 



AUGUST 16, 1781. 

On the report of the committee, consisting of Mr. 
Wilherspoon, Mr. Carroll, Mr. Varnura, Mr. Sullivan 
and Mr. Mathews, to whom was recommitted their 
report on the communications from the honourable the 
minister of France, and who were instructed to report 
instructions to the honourable John Adams, respecting 
a treaty of alliance with the United Provinces of the 
Netherlands, 

Resolved, That the minister plenipotentiary of these 
United States at the court of Versailles be directed to 
inform his most christian majesty, that the tender of 
his endeavours to accomplish a coalition between the 
United Provinces of the Netherlands and these states 
hath been received by Congress, as a fresh proof of 
his solicitude for their interests. That previous to the 
communication of this his most christian majesty's 
friendly purpose, Congress, impressed with the impor- 
tance of such a connexion, had confided to Mr. John 
Adams full powers to enter, on the part of the United 
States, into a treaty of amity and commerce with the 
United Provinces, with a special instruction to con- 
form himself therein to the treaties subsisting between 
his most christian majesty and the United Slates. 
That Congress do, with pleasure, accept his most 
christian majesty's interposition, and will transmit fur- 
ther powers to their minister at the Hague to form a 
treaty of alliance between his most christian majesty, 
the United Provinces, and the United States, having 
for its object, and limited in its duration to, the present 



4781.} FOREIGN AFFAIRS. fTI 

war with Great Britain. That he will be enjoined to 
confer on all occasions in the most confidential manner 
with his most christian majesty's minister at the 
Hague ; and that provisional authority will also be sent 
to admit his calholick majesty as a party. 

Resolved, That the minister plenipotentiary of these 
United Slates at the Hague be and he is hereby in- 
structed to propose a treaty of alliance between his 
most christian majesty, the United Provinces of the 
Netherlands, and the United States of America, having 
for its object, and limited in its duration to, the present 
war with Great Britain, and conformed to the treaties 
subsisting between his most christian majesty and the 
United States. 

That the indispensable conditions of the alliance be, 
that their high mightinesses the states general of the 
United Provinces of the Netherlands shall expressly 
recognise the sovereignty and independence of the 
United States of America, absolute and unlimited, as 
well in matters of government as of commerce. That 
the war with Great Britain shall be made a common 
cause, each party exerting itself according to its dis- 
cretion in the most effectual hostility against the com- 
mon enemy ; and that no party shall conclude either 
truce or peace with Great Britain without the formal 
consent of the whole first obtained ; nor lay down 
their arms until the sovereignty and independence of 
these United States shall be formally or tacitly assured 
by Great Britain, in a treaty which shall terminate the 
war. 

That the said minister be and he hereby is further 
instructed, to unite the two republicks by no slipula- 



m SECRET JOURNAL. [Ang. 16, 

lions of oftence, nor guaranty any possessions of the 
United Provinces. To inform himself, from the minis- 
ter of these United States at the court of Spain, of the 
progress of his negotiations at the said court ; and if 
an alliance shall have been entered into between his 
OQtholick majesty and these United States, to inviie his 
catholick majesty into the alliance herein intended ; if 
no such alliance shall have been formed, to receive 
his catholick majesty, should he manifest a disposition 
to become a party to the alliance herein intended, ac- 
cording to the instructions given to the said minister at 
the court of Spain. 

That in all other matters not repugnant to these in- 
structions, the said minister at the Hague do use his 
best discretion. 

Resolved, That the minister plenipotentiary of these 
United States at the Hague be and hereby is instruct- 
ed to confer in the most confidential manner with his 
most christian majesty's minister there. 

Ordered, That the foregoing resolutions be commu- 
nicated to our ministers at the courts of Versailles and 
Madrid, that they may furnish every information and 
aid in their power to our minister at the Hague in the 
accomplishment of this business. 

Resolved, That the following commission be issued 
to JMr. John Adams, for the purpose aforesaid. 

The United States in Congress assembled to all who 
shall see these presents, send greeting. 

Whereas a union of the force of the several powers 
engaged in the war against Great Britain may have a 



1781.] FOREIGN AFFAIRS. 473 

happy tendency to bring the said war to a speedy and 
favourable issue ; and ii being the desire of these 
United States to form an alliance between them and 
the United Provinces of the Netherlands : Know ye, 
THEREFORE, that we, confiding in the integrity, pru- 
dence and ability of the honourable John Adams, have 
nominated, constituted and appointed, and by these 
presents do nominate, constitute and appoint him the 
said John Adams, our minister plenipotentiary, givit)g 
him full powers, general and special, to act in that 
quality, to confer, treat, agree and conclude, with the 
person or persons vested with equal powers by his 
most christian majesty, and their high mightinesses the 
states general of the United Provinces of the Nether- 
lands, of and concerning a treaty of alliance between 
his raostchristian majesty, the United Provinces of the 
Netherlands, and the United States of America ; and 
whatever shall be so agreed and concluded for us and 
in our name, to sign, and thereupon to make such 
treaty, convention and agreements as he shall judge 
conformable to the ends we have in view ; hereby pro- 
mising, in good faith, that we will accept, ratify and 
execute, whatever shall be agreed, concluded and 
signed by him our said minister. 

In witness whereof we have caused these presents 
to be signed by our President, and sealed with his 
seal. 

VOL. II. CO 



474 SECRET JOURNAL. FOREIGN AFFAIRS. 

Done at Philadelphia, this sixteenth day of August, 
in the year of our Lord one thousand seven hun- 
dred and eighty-one, and in the sixth year of our 
independence, by the United States in Congress 
assembled. 

(Signed) THOMAS M'KEAN, President. 

Attest. 

Charles Thomson, Secretary. 



II 



SUPPLEMENT. 



MAY 10, 1776. 

To follow proceedings of December 2, 1775. Page 6. 

Ja'Esolved, That the committee of secret correspon- 
dence be directed to lay their proceedings before Con- 
gress on Monday next, withholding the names of the 
persons they have employed, or with whom they have 
corresponded. 



JUNE 11, 1776. 
To follow proceedings of May 18, 1776. Page 6. 
Resolved, That a committee be appointed to pre- 
pare a plan of treaties to be proposed to foreign 
powers. 

JUNE 12, 1776. 

Resolved, That the committee to prepare a plan of 
treaties to be proposed to foreign powers, consist of 
five. 

The members chosen — Mr. Dickinson, Mr. Frank- 
lin, Mr, J. Adams, Mr. Harrison and Mr. R. Morris^ 



47ft . SUPPLEMENT. [Aug. 22, 



JULY 18, 1776. 

The committee appointed to prepare a plan of trea- 
ties to be entered into with foreign stales or kingdoms^ 
brought in a report, which was read. 

Ordered to lie on the table. 



JULY 20, 1776. 

Resolved, That the plan of treaties be printed for 
the use of the members under the restrictions and re- 
gulations prescribed for printing the plan of confede- 
ration, (viz. that eighty copies, and no more, be print- 
ed, and deposited with the secretary, who shall deliver 
one copy to each member : That the printer be under 
oath to deliver all the copies which he shall print, to- 
gether with the copy sheet, to the secretary, and not 
to disclose, either directly or indirectly, the contents of 
the said plan: That no member furnish any person 
with his copy, or take any steps by which the said plan 
may be reprinted ; and that the secretary be under 
the like injunction.) And that in the printed copy the 
names of persons, places and states be omitted. 

AUGUST 22, 1776. 

Resolved, That Congress will, to-morrow, resolve 
itself into a committee of the whole, to take into con- 
sideration the plan of foreign treatise. 



1776.] SUPPLEMENT. 477 



AUGUST 27, 1776. 

Congress resolved itself into a committee of the 
whole, to take into consideration the plan of foreign 
treaties; and, after some time, the Presiiicnt resumed 
the chair, and Mr. Nelson reported, that the committee 
liave gone through the same, and made sundry amend- 
ments therein. 

Resolved, That the plan of treaties, with the amend- 
ments, be referred to the committee who brought in 
the original plan, in order to draw up instructions pur- 
suant to the amendments made by the committee of the 
whole. 

That two members he added to the said committee. 

The members chosen — Mr. R. H. Lee and Mr* 
Wilson. 

AUGUST 29, 1776. 

Resolved, That the committee, to whom the plan of 
treaties, with the amendments, was recommitted, be 
empowered to prepare such farther instructions as to 
them shall seem proper, and make report thereof to 
Congress. 



SEPTEMBER 17, 177G. 

To be inserted after the Plan of a Treaty to be proposed to His Most 
Christian Majesty. Page 27. 

Resolved, That the consideration of the instructions 
to be given to the commissioners to foreign stales be 
postponed till to-morrow. 



47a SUPPLEMENT. [Feb. 5, 



SEPEMBER 18, 1776. 

Congress took into consideration the instructions to 
the commissioners, and, after debate, 

Resolved, That the farther consideration thereof be 
postponed. 

SEPTEMBER 24, 1776. 

Congress resumed the consideration of the instruc- 
tions to the commissioners, and the same being debated 
by paragraphs, and amended, was agreed to as follows : 



FEBRUARY 5, 1777. 

To follow proceedings of January 2, 1777. Page 43. 
Resolved, That the commissioners at the court of 
France be directed to use their utmost endeavours to 
send, without delay, 80,000 blankets, 40,000 complete 
suits of clothes, for soldiers, of green, blue, and brown 
colours, with suitable facings, and cloth of the same 
colours, with trimming sufficient for 40,000 suits more, 
100,000 pair of stockings, fit for soldiers, 1,000,000 of 
flints, and 200 tons of lead, in armed vessels, to such 
parts of the United States, as the secret committee 
shall direct ; that they pledge the faith of the United 
States for complying with their contracts ; that the 
several states be requested to order their armed vessels 
into the service of the United States, under the direc- 
tion of the secret committee; that they be allowed a 
reasonable compensation for the use thereof, with the 



1777.] SUPPLEMENT. 479 

appraised value of such as may be lost ; and that one 
of the new continental frigates, with the armed vessels 
which may be furnished by the respective states, be 
employed by the secret commitiee, to export produce, 
and import military stores for the next campaign. 

MARCH 13, 1777. 

Whereas applications are frequently made to Con- 
gress for employment in the continental army by gen- 
tlemen from Europe of various nations, who may very 
probably have great merit, but, not understanding our 
language, can be of no use in the army of these states : 
Therefore, 

Resolved, That the committee of secret correspon- 
dence be directed forthwith to write to all their minis- 
ters or agents abroad, to discourage all gentlemen 
from coming to America with expectation of em- 
ployment in the service, unless they are masters of our 
language, and have the best recommendations. 

APRIL 17, 1777. 

Resolved, That the style of the committee of secret 
correspondence be altered, and that, for the future, it 
be styled the committee of foreign affairs. 



MAY 1, 1777. 

To follow proceedings of May 1, 1777. Pnge 44. 

Resolved, That fifty blank commissions for private 
ships of war, with an equal number of instructions and 
resolutions of Congress for taking or destroying the 



490 SUPPLEMENT. [Sept. 8, 

vessels of the subjects of Great Britain, be delivered to 
the committee for foreign affairs, to be by them trans- 
mitted to the commissioners at the court of France. 

Ordered, That the committee for foreign affairs re- 
vise the commissions for private ships of war, and the 
instructions heretofore given to the commanders of the 
said ships, and report such alterations ,and amend- 
ments as they judge proper to be made therein. 

Resolved, That Tuesday next be assigned for ap- 
pointing commissioners for the courts of Vienna, Bei** 
lin and Tuscany. 



JUNE 4, 1777. 

To follow proceedhlgs of May 31, 1777. Page 46. 

Agreeable to the order of the day. Congress resolved 
itself into a committee of the whole, to take into consi- 
deration the state of foreign affairs ; and, after some lime 
spent thereon, the President resumed the chair, and Mr. 
F. L. Lee reported, that the committee have had under 
consideration the matter referred to them, but, not hav- < 
ing come to a conclusion, desire leave to sit again. 

Resolved, That Congress, to-morrow, resolve itself 
into a committee of the whole, to consider farther the 
3tate of foreign affairs. 



SEPTEMBER 8, 1777. 

To follow proceedings of July 3, 1777. Page 54. 
Congress look isito consideration the report of the 
committee on foreign applications, wherein they set 
forth, 



1777.] SUPPLEMENT. 401 

"That besides a nuDj'ier of ofTicers, who are come 
*' from Europe and (he West Indies of their own accord, 
" to solicit for rank and eniplnyment in the American 
" army, there are others who have proceeded ujion the 
"encouragement of conventions made arid .signal at 
" Paris, by Silas Dnane, esquire, as agent for the Uiiiied 
" Stales of North America ; that Mr. Dcaf.c had no au- 
"ihority to make such conventions, and thai Congress 
" therefore are not bound to ratify or fulfil them." 

Resolved, That Congress agree to the said report. 

NOVEMBER 21, 1777. 

Resolved, That Silas Deane, esquire, be recalled 
from the court of France ; and that the committee for 
foreign affairs be directed to take proper measures for 
speedily communicating the pleasure of Congress here- 
in to Mr. Deane and the other commissioners of the 
United Stales at the court of France. 

Resolved, That Monday next be assigned for 
choosing a commissioner to the court of France, in 
place of Silas Deane, esquire. 

NOVEMBER 22, 1777. 

Congress having received information, that the in- 
sidious enemies of (he United States of America have 
endeavoured to propagate in Europe false and ground- 
less reports, that a treaty had been held between 
Congress and the commissioners of the king of Great 
Britain, by which it was probable that a reconciliation 
would take place : 

VOL. 11. 61 



482 SUPPLEMENT. [Nov. 22, 

Be it declared and resolved, That the commission- 
ers of the said United States at the several courts in 
Europe be authorized to represent to the courts at 
which they respectively reside, that no treaty what- 
ever has been held between the king of Great Britain 
or any of his commissioners and the said United States 
since their declaration of independence. 

And whereas the cause of these United States may 
be greatly endangered, unless such of the European 
poweis as regard the rights of mankind should inter- 
pose to prevent the ungenerous combination of other 
powers against the liberties of the said states : 

Resolved, That the commissioners of the United 
Stales at the several courts in Europe be directed to 
apply to the respective courts, and request their imme- 
diate assistance for preventing a farther embarkation 
of foreign troops to America, and also to urge the 
necessity of their acknowledging the independence of 
these states. 

Resolved, That all proposals -for a treaty between 
the king of Great Britain, or any of his commissioners, 
and the United States of America, inconsistent with 
the independence of the said slates, or with such trea- 
ties or alliances as may be formed under their autho- 
rity, will be rejected by Congress. 

Resolved, That the commissioners of the United 
Stales be severally directed to communicate to the re- 
spective courts the purport of their first and second re- 
solutions when they think it expedient, and to suspend 
the last until upon a general consultation of the com- 
missioners a majority shall judge it necessary. 



1777.] SUPPLEMENT. 483 



NOVEMBER 28, 1777. 

Congress proceeded lo the clcciion of a commission- 
er in the room of Silas Dcane, esquire ; and, the ballots 
being taken, 

John Adams, esquire, a delegate in Congress from 
Massachusetts Bay, was elected. 

Resolved, That William Carmichael, esquire, be 
appointed secretary to the commissioners at the court 
of France. 

DECEMBER 2, 1777. 

Resolved, That a commission be made out for John 
Adams, esquire, similar to that heretofore granted to 
the commissioners at the court of France. 

A motion was made for obtaining a loan of money : 

Resolved, That it be referred to a committee of 
three : 

The members chosen — Mr. Folsom, Mr. Duanc and 
Mr. Dana. 



DECEMBER 3, 1777. 

To be inserted before the proceedings of December 3, 1777. Page 55. 
The committee, to whom was referred the motion 
made yesterday for obtaining a loan of money, brought 
in their report, which was taken into consideration : 
Whereupon, Congress came lo the following resolu- 
tions : 



484 SUPPLEMENT. [Dec. C, 1777, 

The quantit}' of pnpcr money issued to defray the 
necessary eK[)onscs of the war having at length become 
so considerable as to endanger its credit, and Congress 
apprehending that the slow operation of taxes may not 
be adequate to the prevention of an evil so pernicious 
in its consequences; and as experience proves that the 
method of paying interest by bills on Frat>ce does not 
fill the loan offices so fast as the urgent calls of war 
demand : 

Resolved, That the commissioners at the court of 
France and Spain be directed to exert their utn)ost en- 
deavours to obtain, by means most effectual to the end, 
a loan of two millions sterling, on the faith of the thir- 
teen United States, for a term not less than ten years, 
with permission if practicable to pay the same sooner, 
if it shall be agreeable to these stales, giving twelve 
months previoi's notice to the lender, of such intention 
to return the money. 

Resolved, That if the money borrowed, iic. See 
page 55. 



DECEMBER 8, 1777. 

To follow proceedings of December 3, 1777. Page 55. 
Whereas it is of the greatest importance that Con- 
gress should at this critical conjuncture be well in- 
formed of the state of affairs in Europe; and whereas 
Congress have resolved that the honourable Silas 
Deane, esquire, be recalled from the court of France, 
and have appointed another commissioner to supply 
his place there : 



Feb. 1778.] SUPPLEMENT. 486 

Ordered, That the committee for foreign affairs write 
to the honourable Silas Dcanc, esquire, and direct him 
to embrace the (irst opportunity of I'clurning lo Ameri- 
ca ; and, upon his arrival, to repair with all possible 
despatch to Congress. 



FEBRUARY 9, 1778. 

To follow proceedings of February 4, 1770. Page 56. 

Resolved, That the committee of commerce be cm- 
powered and directed to write to the commissioners at 
the court of France, desiring thorn to appoint one or 
more suitable persons to be commercial agents for con- 
ducting the commercial business of the United States 
in France and other parts of Europe. 

FEBRUARY 17, 1770. 

On motion, 

That the committee for foreign affairs be directed to 
write to the commissioners at Paris, and direct them, 
upon the application of the executive powers of any of 
these United States, to apply to the court of France for 
an extension of the leave of absence to such French 
officers as may be employed in the service of such 
state — 

New Hampshire, Mr. Frost, No. ^No. 

Massachusetts Bay, iMr. Lovell, Ay. )>X 

Rhode Island, Mr. Ellery, No. )>No. 



Connecticut, Mr. Dyer, No. 



Mr, Huntington, A 



,* > DlVIDEP. 



486 SUPPLEMENT. [April 13, 

New Jersey, Mr. Witherspoon, Ay. ) 

Mr. Clark, No. V No. 

Mr. Scudder, No.) 

Pennsylvania, Mr. Roberdeau, Ay.^ 

Mr. J. Smith, Ay.V Av. 
Mr. Clingan, ^^y-j 

Delaware, Mr. MKean, Ay. )>Ay. 

Maryland, Mr. Forbes, Ay. ) . 

Mr. Henry, Ay. 5 ^^* 

Virginia, Mr. F. L. Lee, Ay. )>X 

North Carolina, Mr. Penn, Ay. )>Ay. 

South Carolina, Mr. Laurens, Ay. ^Ay. 

Georgia, Mr. Langworlhy, Ay. ) . 

Mr. Wood, Ay. 5 ^^• 

So it was resolved in the affirmative. 

APRIL 13, 1778. 

Resolved, That the commissioners of the United 
States in France, be authorized to determine and settle 
with the house of Roderique Hortales and Co. the com- 
pensation, if any, which should be allowed them on all 
merchandise and warlike stores, shipped by them for 
the use of the United States, previous to the 14ih dav of 
April, 1778, over and above the commission allowed 
them in the sixth article of the proposed contract be- 
tween the committee of commerce and John Babtiste 
Lazarus Theveneau de Francey. 



1778.] SUPPLEMENT. 487 



APRIL 16, 1778. 

Resolved, That Mr. William Bingham, agent of the 
United States of America, now resident in Martinique, 
be authorized to draw bills • of exchange at double 
usance on the commissioners of the Uniled States at 
Paris, for any sums, not exceeding in the whole, one 
hundred thousand livres tournois, to enable him to dis- 
charge debts by him contracted on account of the said 
states 5 for which drafts he is to be accountable. 

APRIL 21, 1778. 

Resolved, That Congress will, on Monday next, take 
into consideration the state of our affairs with foreign 
courts, and the instructions to the commissioners of 
Congress at such courts. 

APRIL 30, 1778. 

Congress proceeded to take into consideration the 
state of America with respect to foreign nations, when 
sundry letters and papers were called for and laid on 
the table, and the reading thereof begun and continued 
to one o'clock. 

THREE o'clock, P. M. 

The letters and papers called for being read, a mo- 
tion was thereupon made. 

Adjourned to ten o'clock to-morrow. 



488 SUPPLEMENT. [iMay 4, 



MAY 1, 1778. 

THREE o'clock, P. M. 

Congress resumed the consideralion of the slate of 
these United Slates with respect to foreign nations : 
Whereupon, 

Resolved, That a commiitec of three be appointed 
to report proper instructions to be transmitted to the 
commissioners of the United States at foreign courts. 

The members chosen — Mr. R. H. Lee, Mr. G. Mor- 
ris and Mr. Sherman. 

MAY 2, 1778. 

During the adjournment, Mr. Simeon Deane, brother 
to Silas Deane, esquire, one of the commissioners at 
the court of Versailles, arrived express from France, 
wiih sundry important despatches : Whereupon, 

Congress was convened, and the despatches opened 
and read, among which are a treaty of commerce and 
a treaty of alliance, concluded between his most chris- 
tian majesty the king of France and the United States 
of America, on the 6lh day of February, 1778, 



MAY 4, 1778. 

To be inserted before the proceedings of May 4, 1778. Page 57. 

Congress took into consideration the treaties con- 
cluded between his most christian majesty the king of 
France and the United States of America, which was 
read. 



1719?] "SUPl'LEMENT. 48.9 

THREE o'clock, P. M. 

Congress resumed the considciation of the Irealy of 
amity and commerce, concluded at Paris, the 6th d.iy 
of February, 1778, between the most christian king 
and the United States of America ; and the i>ame being 
read, duly weighed and consi(icrcd. 

Resolved, unanimously, That the same be, and is 
hereby ratified. 

Congress also took into consideration the treaty of 
Alliance, concluded at Paris, on the 6th day of Febru- 
ary, 1778, between the most christian king and the 
United Stales of America ; and the same being read, 
duly weighed and considered, 

Resolved, unanimously, That the same be, and is 
hereby ratified. 

Congress also took into consideration the act sepa- 
rate and secret, concluded at Paris, the 6ih day of 
February, 1778, between his most christian majesty 
and the United States of America ; and the same being 
duly weighed, 

Resolved, unanimously, That the same be, and is 
hereby ratified. 

Resolved, That this Congress entertain the highest 
sense of the magnanimity and wisdom of his most chris- 
tian majesty, so strongly exemplified in the treaty of 
amity^nd commerce, and the treaty of alliance, enter- 
ed into on the part of his most christian majesty, with 
these United States, at Paris, on tl;e Clli day of Feb- 
ruary last; and the commissioners, or any of them, 
representing these stales at the court of France, are 
directed to present the grateful acknowledgments of 
VOL. 11. 62 



490 SUPPLEiMENT. [May 5, 

this Congress to his most christian majesty, for his 
truly magnanimous conduct respecting these states, in 
the said generous and disinterested treaties, and to as- 
sure his majesty, on the part of this Congress, it is 
sincerely wished that the friendship so happily com- 
menced between France and these United Slates may 
be perpetual. 

Resolved, That a committee of three be appointed 
to prepare the form of a ratification of the foregoing 
treaties. 

The members chosen — Mr. R. H. Lee, Mr. Dana 
and Mr. Drayton. 

MAY 5, 1778. 

Resolved, That the commissioners, or any one of 
them, representing these states at the court of France, 
be instructed to inform that court, that although Con- 
gress have readily ratified the treaty of amity and 
commerce and treaty of alliance, and the act separate 
and secret between his most christian majesty and 
these United States, in order to evince more clearly 
their sense of the magnanimity and goodness of his 
most christian majesty evidenced in the said treaties ; 
yet, from a sincere desire of rendering the friendship 
and alliance so hajjpily begun, permanent and per- 
petual, and being apprehensive that differences may 
arise from the lllh and 12th articles in the treaty of 
amity and commerce. Congress are desirous that the 
said 1 1th and 12ih articles may be revoked and utterly 
expunged : 



1778.] SUPPLEMENT. 1'Jl 

The commissioners, or any one of them, are there- 
fore instructed to use their best endeavours to procure 
the abolition of the said 11th and 12lh articles of the 
said treaty. 

The committee appointed to prepare the form of a 
ratification, brought in the same, which was read, and 
agreed to as follows : 

The Congress of the United Slates of New Hamp- 
shire, Massachusetts Bay, Rhode Island and 
Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina and 
Georgia, by the grace of God, sovereign, free and 
independent — To all who shall see these presents. 
Greeting : 

Whereas, in and by our commission, dated at Phila- 
delphia, the 30th day of September, in the year of our 
Lord, one thousand seven hundred and sevenly-six, 
Befijamin Franklin, one of the delegates in Congress 
from the slate of Pennsylvania, and president of the 
convention of the said state, &c. Silas Deane, late a 
delegate from the stale of Connecticut, and Arthur 
Lee, barrister at law, were nominated and appointed 
our commissioners, with full powers to treat, agree and 
conclude with his most christian majesty the king of 
France, or with such person or persons as should be 
by him for thai purpose authorized, of and upon a true 
and sincere friendship, and a firm, inviolable and uni- 
versal peace, for the defence, protection and safely of 
the navigation and mutual commerce of the subjects of 
his most christian majesty and the people of the Unit- 



492 SUPPLEMENT. [May 5 

ed Stales, wc, promising in good faith to ratify what- 
soever our said commissioners should transact in the 
premises : and whereas our said commisioners, in pur- 
suance of their full powers, on the 6th day of February 
last, at Paris, with Conrad Alexander Gerard, royal 
syndick of the city of Strasburg, secretary of his most 
christian majesty's council of state, by virtue of powers 
plenipotentiary to him granted by his most christian 
majesty, and dated the 30th day of January, in the year 
of our Lord, one thousand seven hundred and seventy- 
eight, did conclude and sign, on the part of the crown 
of France, and of the United Slates of America, a (trea- 
ty of amity and commerce; or treaty of alliance; or 
act separate and secret) in the following words : 

[Here insert the respective treaties verbatim, French 
and English.] 

Now KNOW VE, That we, the said Congress, have 
unanimously ratified and confirmed, and by these pre- 
sents do ratify and confirm the said treaty and every 
part, article and clause thereof, on our part concluded 
and signed as aforesaid ; and further do authorize and 
direct our commissioners at the court of France, or 
any of them, to deliver this our act of ratification in 
exchange for the ratification of the said treaty on the 
part of his most christian majesty the king of France 
and Navarre. 

Done in Congress, at York Town, in the state of 
Pennsylvania, this 4lh day of May, in the year of 
our Lord, one thousand seven hundred and seven- 
ty-eight. 



1318:] SUPPLEMENT. |(t;i 

In testimony whereof, the President, by order of the 
said Congress, hath hereunto subscribed his name 
and affixed his seal. 

President, [l. s.] 

Attest. Secretary. 

Ordered, That six copies of the treaties, with the 
ratification agreed to, be made out and transmitted by 
the committee for foreign affairs to the commissioners 
of the United Stales at the court of France, by diffe- 
rent conveyances. 

Ordered, That the marine committee provide ves- 
sels for carrying the said despatches. 

Ordered, That the committee appointed to prepare 
the form of a ratification, be directed to prepare a pro- 
per publication on the present occasion. 

MAY 6, 1778. 

The committee appointed to prepare a publication, 
brought in a draft, which was read ; and after debate, 

Resolved, That (he same be recommitted. 

Resolved, That Mr. G. Morris be added to the com- 
mittee. 

THREE o'clock, P. M. 

The committee, to whom was recommitted the draft 
for publication, brought in another draft, which was 
taken into consideration, and agreed to as follows : 

Whereas Congress have received from their com- 
missioners at the court of France, copies of a treaty of 



^4 SUPPLEMENT. [May 0, 

amity and commerce, and of a treaty of alliance, be- 
tween the crown of France and these United States, 
duly entered into and executed at Paris, on the 6th 
day of February last, by a minister properly authorized 
by his most christian majesty on the one part, and 
the said conimissioners on the other part : and 
whereas the said treaties have been maturely consi- 
dered and unaninvousiy ratified and confirmed by Con- 
gress ; in which said treaty of amity and commerce 
are the articles following, to wit : 

[Here insert art. G, 7, 14, 15, 16, 17, 20, 21, 25, 26, 
27 and 29, with the form of the passports.] 

Now, therefore, to the end that the said treaty may 
be well and faithfully performed and kept on the part 
and behalf of these United States, 

Resolved, That all captains, commanders, and other 
officers and seamen belonging to any vessels of war 
of these United Stales, or any of them, or of any pri- 
vate armed vessels commissioned by Congrci^s, and all 
other the subjects of these United States, do govern 
themselves strictly in all things according to the above 
recited articles ; and that they do afford the same aid 
and protection to the persons, commerce and property 
of the subjects of his most christian mcijesty, as is due 
to the persons, commerce and property of the inhabi- 
tants of these United Stales. 

And further it is recommended to all the inhabitants 
of these states to consider the subjects of his most 
christian majesty as their brethren and allies, and that 
they behave towards them with the friendship and at- 
tention due to the subjects of a great prince, who, with 
the highest magnanimity and wisdom, hath treated with 



1770.] SUPPLEMENT. 495 

these United States on terms of perfect equality and 
mutual advantage, thereby rendering himself the pro- 
tector of the rights of mankind. 



MAY 7, 1778. 

Resolved, That the commissioners appointed for the 
courts of S[)ain, Tuscany, Vienna and Berlin, should 
live in such style and manner at their respective courts, 
as ihey may find suitable and necessary to support the 
dignity of their publick character ; keeping an account 
of their expenses, which shall be reimbursed by the 
Congress of the United States of America. 

That, besides the actual expenses of the commission- 
ers, a handsome allowance be made to each of them, 
as a compensation for his services. 

That the commissioners of the other courts in Eu- 
rope be empowered to draw bills of exchange, from 
time to time, for the amount of their expenses, upon the 
commissioners at the court of France. 

MAY 9, 1778. 

Whereas there are more captains in the navy thaa 
there are ships provided for ihcm : 

Ordered, That the committee for foreign affairs 
write to the commissioners of the United States at 
foreign courts, and inform them, that Congress expect 
they will not recommend any foreign sea-officers, nor 
give any ef them the least expectation of being em- 
ployed as captains in the navy of the United Stales. 



496 SUPPLEMENT. [May g, 

A PROCLAMATION. 

Whereas Congress have received information and 
complaints " that violences have been done by Ameri- 
" can armed vessels to neutral nations, in seizing ships 
" belonging to their subjects and under their colours, 
" and in making captures of those of the enemy whilst 
" under the protection of neutral coasts, contrary to 
" the usage and custom of nations :" To the end, that 
such unjustifiable and piratical acts, which reflect dis- 
honour upon the national character of these states, 
may be in future effectually prevented, the said Con- 
gress hath thought proper to direct, enjoin and com- 
mand, and they do hereby direct, enjoin and command, 
all captains, commanders, and other officers and seamen 
belonging to any American armed vessels, to govern 
themselves strictly in all things agreeably to the tenor 
of their commissions, and ihe instructions and resolu- 
tions of Congress; particularly that they pay a sacred 
regard to the rights of neutral powers and the usage and 
custom of civilized nations, and on no pretence what- 
ever presume to take or seize any ships or vessels be- 
longing to the subjects of princes or powers in alliance 
with these United States, except they are employed 
in carrying contraband goods or soldiers to our ene- 
mies, and in such case that they conform to the stipu- 
lations contained in the treaties subsisting between 
such princes or powers and these states ; and that they 
do not capture, seize or plunder any ships or vessels 
of our enemies, being under the protection of neutral 
coasts, nations or princes, under the penalty of being 
condignly panished therefor, and also of being bound 



1778.] SUPPLEMENT. 407 

to make satisfaction for all matters of damage and the 
interest thereof by reparation, under the pains and obli- 
gation of their persons and goods. And further, the 
said Congress doth hereby resolve and declare, that 
persons wilfully offending in any of the foregoing in- 
stances, if taken by any foreign powers in consequence 
thereof, will not be considered as having a right to 
claim protection from these states, but shall suffer such 
punishment as by the usage and custom of nations may 
be inflicted upon such ofTenders. 

Given in Congress, at York, in the state of Pennsyl- 
vania, this ninth day of IVIay, Anno Domini, 1778. 



MAY 11, 1778. 

Whereas it hath been represented unto us, that a 
certain snow, called " Our Lady of Mount Carmcl and 
"St. Anthony," said to be the property of Messrs. 
John Ignatius dc Oliveria Perceira, and Anthony dios 
dos Santos, subjects of his most faithful majesty the 
king of Portugal, and bound from the Brasils to P^ayal, 
was taken on the high seas by a private armed vessel 
commissioned by these United States, and sent as a 
prize into the state of Massachusetts Bay : that the 
same vessel, being duly libelled in the courts of the 
said state, was acquitted ; and that no owner hath aji- 
peared to claim the said snow and her cargo, (he mas- 
ter of the said snow having, as is saidj been sent home 
in another vessel at his own request, by the master of 
the said armed vessel : And whereas it haih been fur- 
ther represented unto us, that divers of the commodi- 
VOL. II. f>3 



498 SUPPLEMENT. [May 11, 

ties in ihe said snow contained are perishable; that 
damage inay arise from permitting the vessel and car- 
go to continue in their present situation, and that it 
would be dangerous to send the said snow to the place 
of her former destination, as she might be made prize 
of by ships in the service of the king of Great Bri- 
tain : 

Now therefore, to the end that right may in this 
behalf be done, 

Resolved, That the board of war of the said state 
of Massachusetts Bay be requested to make sale, with 
all convenient speed, in the best manner and for the 
most money possible, of the said snow and her cargo, 
to deposit the net proceeds thereof, after deducting all 
costs and charges, which shall then be due thereon, in 
the pul)lick funds of these United States; and to 
transmit an exact account thereof to the committee of 
foreign afiairs. 

That the said committee do transmit such account 
and a copy of the proceedings of the court of admiral- 
ty relative to the said snow, together with these resolu- 
tions, to the commissioner or commissioners of these 
slates, who may then be and reside at the court of his 
most christian majesty ; and, 

That the said commissioner or commissioners do in- 
form the ambassador or resident of his most faithful 
majesty at the said court, of the premises; in order 
that the lawful and rightful owners of the said snow and 
her cargo may obtain proper certificates and authen- 
lick proof of their property in the same, and thereby 
be enabled, cither personally or by their lawful at- 
Lorney, to appear, demand and receive the moneys so 



1778.] 



SUPPLEMENT. 



499 



deposited as aforesaid, together with the interest 
thereof. 

It is nevertheless provided, That nothing in ihc 
foregoing resolutions contained, shall be construed to 
bar the lawful and rightful owners of the said snow 
and of her cargo, from their action or actions against 
the master or owners of the said private armed vessel, 
or any of them, for damages sustained beyond the mo- 
ney so to be deposited by reason of the capture afore- 
said ; any clause or article thereof to the contrary not- 
withstanding. 

On the question put, to agree to the foregoing reso- 
lution, the yeas and nays being required — 



Massachusetts Bay, Mr. Lovell, 
Mr. Dana, 



Ay.) 
No. S 



Rhode Island, 


Mr. Ellery, 


No. 


yNo. 


Connecticut, 


Mr. Sherman, 
Mr. Huntington, 
Mr. Wolcott, 


No. 
No. 
No. 


VNo. 


New York, 


Mr. G. Morris, 


Ay. 


>x 


New Jersey, 


Mr. Scuddcr, 


No. 


)>No. 


Pennsylvania, 


Mr. J. B. Smith, 
Mr. J. Smith, 
Mr. Clingan, 


Ay. 

Ay. 
No. 


i Av. 


Delaware, 


Mr. M'Kean, 


Ay. 


yAr. 


Maryland, 


Mr. Carroll, 
Mr. Plater, 
Mr. Henry^ 


No. 
Ay. 

Ay. 


S Av. 



600 SUPPLEMENT. [May 16, 

Virginia^ Mr. R. H. Lcc, Ay.) 

Mr. F. L. Lee, Ay. V Ay. 

Mr. T. Adams, Ay.S 

South Carolina, Mr. Laurms, No. ) 

Mr. Matthews, No. > No. 
Mr. Hutson, Ay.) 

Georgia, Mr. Langworthy, Ay. )>Av. 

So it was resolved in the affirmative. 



MAY IG, 1778. 

Resolved, That the invoice of articles to be import- 
ed from France, together with the list of medicines, ap- 
proved by Congress, be signed by the committee of 
commerce, and transmitted to the commissioners of 
the United States at Paris, who are authorized and 
directed to apply to the house of Rodcrique Hortales 
and Co. for such of the said articles as they shall not 
have previously purchased or contracted for. 

Ordered, That copies of the invoices be delivered 
to Mons. de Francey, agent for Rodcrique Hortales 
and Co. together with a copy of the foregoing reso- 
lution. 

Resolved, That the articles to be shipped by the 
house of Roderique Ho.rtales and Co. be not insured, 
but that notice be given to the commissioners at France, 
that they may endeavour to obtain convoy for the pro- 
tection thereof. 

Resolved, That a copy of governour Livingston's 
letter of April 27ih, respecting the horses purchased for 
die use of the continental arpjy, at the request of the" 



1770.] SUPPLEMENT. 501 

committee of Congress in camp, be transmiited (o the 
c|uartermaster general ; and that he be ordered imme- 
diately to pay for such horses, and settle the accounts 
with the persons employed to make the purchases, 
agreeably to the terms upon which the governour en 
gaged. 

Resolved, That the committee for foreign affairs 
report such alterations in, or additions to, the instruc- 
tions and commissions given to the commissioners at 
the courts of Berlin, Vienna and Tuscany, as they may 
think expedient. 



JUNE 1, 1778. 
To follow proceedings of May 28, 1778. Page 91. 

Congress took into consideration the instructions to 
the commissioners in Europe ; and after debate, 

Resolved, That they be recommitted, and that three 
members be, for this purpose, added to the committee 
for foreign affairs, who reported the same. 

The members chosen — Mr. Drayton, Mr. Duer and 
^r. Smith. 

THREE o'clock, V. M. 

The committee, to whom the instructions to the com- 
missioners of the United States at the several courts 
in Europe were recommitted, brought in a report, 
which was taken into consideration ; and after some 
debate thereon, 

Ordered, That the farther consideration thereof be 
postponed. 



502 SUPPLEMENT. [.Sept. 4, 



JUNE 2, 1778. 

THREE o'clock, 1'. M. 

Congress resumed the consideration of the instruc- 
tions of the commissioners of the United States at 
foreign courts ; and after debate, 

Resolved, That the farther consideration thereof be 
postponed till to-morrow. 

JULY 14, 1778. 

The sieur Gerard being arrived in town, and having 
delivered to the President a copy of a letter from his 
most christian majesty, signed Louis, and underneath 
Gravier de Vergennes, the same was read : Where- 
upon, 

Resolved, That his excellency the sieur Gerard be 
received as minister plenipotentiary from his most 
christian majesty to the Congress of the United States 
of America. 



SEPTEMBER 4, 1778. 

To follow proceedings of August 6, 1778. Page 97. 
Congress being informed that the books and papers 
of Thomas Morris, late commercial agent of the Unit- 
ed Slates in France, are deposited with the commis- 
sioners at the court of France, or some of them; and 
the honourable Robert Morris, esquire, surviving part- 
ner and administrator of the deceased, applying to thfs 



1778.] SUPPLEMENT. 503 

house to cause the same to be delivered to him, so 
that he may proceed to a settlement of the estate, ^c. 
Ordered, That the commissioners or commissioner, 
who shall be possessed of the said books and papers 
when this order arrives, deliver the same, both pub- 
lick and private, to the said Robert Morris, or to hi.^ 
order. 

SEPTEMBER ll, 1778. 

Resolved unanimously. That it is essential to the 
interest and honour of these United States, that a minis- 
ter plenipotentiary be, without delay, appointed to re- 
present these states at the court of France. 

Resolved unanimously, That to-morrow be assigned 
for electing a minister plenipotentiary at the court of 
France. 



SEPTEMBER 14, 1778. 

Congress proceeded to the election of a minister ple- 
nipotentiary to the court of France ; and, the ballots 
being taken, 

Doctor Benjamin Franklin was elected. 

Resolved, That a committee of five be appointed to 
prepare a letter of credence to his most christian ma- 
jesty, notifying the appointment of doctor B. Franklin, 
minister plenipotentiary of these United Stales at the 
court of France. 

That the said committee also prepare a draft of in- 
structions to the minister plenipotentiary. 



304 StrPPLEMENT. [Sept. 18, 

The members chosen — Mr. G. Morris, Mr. Chase, 
Mr. Drayton, Mr. S. Adams and Mr. R. H. Lee. 

Ordered, That the letters of credence, received 
through the hands of the minister of France and the 
count d'Estaing, be referred to the said committee. 

Congress took into consideration the letter from 
Mr. S. Deane, and, after some time spent thereon, 

Ordered, That the further consideration thereof be 
postponed. 

SEPTEMBER IG, 1778. 

Congress resumed the consideration of the letter of 
the 1 1th, from Mr. Deane: Whereupon, a motion was 
made, 

That Mr. Deane be directed to attend Congress on 
Friday morning next, to answer such questions as the 
members may propose to him, for the better under- 
standing of the state and progress of publick affairs 
during his mission in France. 

SEPTEMBER 18, 1778. 

THREE o'clock, P. M. 

The committee, to whom were referred the letters 
from the honourable Arthur Leo, of 6lh. 15th and 31st 
January, 1778, and the letter of 16th January, 1778, 
from the honourable B. Franklin and S. Deane, 
-brought in a report, which was read: Whereupon, 

A member in his place informed the house, that he 
had information that W. Carmichael had charged Mr. 
Dcanc with nii.snpplication of the publick money, &c. 



l| 



1778.] SUPPLEMENT. SOB 

Being called upon to reduce this information to writ- 
ing, he delivered in a paper, which was read as fol- 
lows : — 

" R, H. Lee is informed, that Mr. Carmichacl did 
" some lime in the last spring or winter soy, in 
" Nantes, that he knew Mr. Deane had misapplied the 
" publick money; and that Mr, Carmichael did in 
*' strong terms reprobate Mr. Dcane's conduct both in 
" his publick and private character: I'hat Mr. Car- 
" michael said an open rupture had taken place be- 
" tween Mi-. Arthur Lee and the gentlemen at Passy ; 
"that they had come to a resolution to do business 
" without consulting Mr. Lee on any occasion ; and 
! " that he (Mr. Carmichacl) knows the excuse will be 
" made to Congress, that the French ministry have de- 
" sired it, though he does not doubt that d' sire has 
•'arose from Mr. Dcane's insinuations: That Mr. 
" Carmichael condemned Mr. Dearie's conduct to- 
" wards Mr. Lee, and was pointedly severe in repro- 
" bating the system and measures that he had pursued 
" in his publick character, and which ho srid he would 
" fully unfold when he came to America." 

SEPTEMBER 22, 1778. 

Whereas information hath been given to Congress, 
from which it is probable that William Carmichael, 
esquire, is possessed of a knowledge of the conduct of 
Silas Deane, esquire, late commissioner at the court 
of Versailles, touching the application of the publick 
moneys of these United States, and other mailers relat- 
ing to his publick character: 
VOL, II. 64 



506 SUPPLEMENT. [Sept. 25, 

Resolved, That ihe said William Carmichael be 
directed to attend at the bar of the house this after- 
noon, to be examined in the premises. 

Whereas certain dissentions, detrimental to the pub- 
lick service, are said to have existed among the Ame- 
rican commissioners in Europe: 

Resolved, That the said William Carmichael be also 
examined, touching the said dissentions, and the con- 
duct of the said commissioners, as far as the same may 
have come to his knowledge. 

Ordered, That the consideration of the letter of the 
honourable Silas Deane, esquire, be postponed until 
the examination of William Carmichael, esquire, is 
taken, and that Mr. Deane be informed thereof. 

THREE o'clock, P. M. 

On motion, 

.Resolved, That Mr. Carmichael be examined upon 
oath : that Mr. Secretary take down in writing, the 
questions propounded, and the answers given to them. 



SEPTEMBER- 23, 1778. 

To follow proceedings of September 22, 1778. Page 101. 

A letter, of the 24th, from Mr. S. Deane, was read, 
intimating, that he is informed " that letters from Mr. 
^' Izard, reflecting on his character and conduct whilst 
" in the service of the publick abroad, have been read 
" in Congress," and requesting " to be furnished with 
'' copies thereof, and that he may be permitted to wait 
*'■ on Congress, and to be heard in his vindication." 



JT78.] SUPPLEMENT. 507 

Ordered, That Mr. Dcane be furnished wiih ex- 
tracts of all such parts of Mr. Izard's letters, read in this 
house on the 19th, as relate to his publick character. 

SEPTEMBER 26, 1778. 

Ordered, That Mr. Carmichael be directed to atteiuJ 
at the bar of this house on Monday aftrrnoon at three 
o'clock, to be examined, touching the matter set forth 
in the resolution of the 22d. 

Ordered, That Tuesday afternoon be assigned for 
hearing the honourable Silas Deane, esquire ; and that 
he be notified to attend on that day at three o'clock. 

SEPTEMBER 28, 1778. 

THREE o'clock, P. M. 

Mr. Carmichael attending, was called in and sworn, 
and sundry questions being asked, and answers return- 
ed, he had leave to withdraw. 

Ordered, That Mr. Carmichael attend at the bar of 
this house on Wednesday next, at ten o'clock, to be 
farther examined. 

SEPTExMBER 29, 1778. 

Ordered, That the hearing of Mr. Deane be post- 
poned till the examination of Mr. Carmichael is finish- 
ed ; and that Mr. Deane be informed thereof. 



«©8 SUPPLEMExNT. [Oct. 13, 



SEPTEMBER 30, 1778. 

Mr. Carmichael attending, according to order, was 
called in, and the house proceeded in his examination. 

Ordered, That Mr. Carmichael attend on Friday af- 
ternoon, to be further examined. 



OCTOBER 3, 1778. 

The committee for foreign affairs laid before Con- 
gress a letter of June 1st, from the honourable A. Lee, 
at Paris, which was read. 

Ordered, That the honourable Silas Deane, esquire, 
be furnished with a copy of the said letter, so far as re- 
lates to him. 

OCTOBER 5, 1778. 

Ordered, That Mr. Carmichael attend this after- 
noon, at four o'clock, to be further examined. 

THREE o'clock, P. M. 

Mr. Carmichael attending, according to order, was 
called in, and being furiher examined, was ordered to 
withdraw. 



OCTOBER 13, 1778. 

To follow proceedings of October 6, 1778. Page 102. 

Resolved, That Mr. Witherspoon be added to the 
committee for preparing instructions to doctor Frank- 



1778.3 SUPPLEMENT. SM 

lin, minister plenipotentiary of the United States at the 
court of France, 



OCTOBER 14, 1778. 

A letter of the 12th, from Mr. S. Deanc, was read, 
accompanied with his remarks on the extracts from the 
letters of Mr. Izard, and also his remarks on the ex- 
tracts from the letters of Mr. A. Lee, with which Mr. 
Deane was furnished. 

Ordered, That a copy of the remarks on the extracts 
of Mr. Izard's letters he made out and transmitted 
to Mr. Izard ; and that Mr. President be furnished with 
a duplicate thereof. 

Ordered, That a copy of the remarks on the extracts 
of Mr. Izard's and Mr. Lee's letters be made out and 
transmitted to Mr. Lee. 

Ordered, That Monday next be assigned for the 
further examination of Mr. VV. Carmichael ; and that 
Mr. Carmichael be directed to attend on that day. 



OCTOBER 15, 1778. 

To follow proceedings of October 15, 1778. Page 103. 

A letter of the 28th of June last, from Mr. Izard, at 
Paris, with sundry papers accompanying the same, 
were read. 

Ordered to lie on the table for the perusal of the 
members. 



510 StfPPLEMENT. [Oct. 26, 



OCTOBER 21, 1778. 

To follow proceedings of October 21, 1778. Page 107. 
Resolved, That the minister plenipotentiary of the 
United States of America at the court of Versailles be 
directed to cause an elegant sword, with proper devices, 
to be made and presented, in the name of the United 
Slates, to the marquis de la Fayette. 



OCTOBER 24, 1778. 
To follow proceedings of October 22, 1778. Page 127. 

Some further instructions to the minister plenipoten- 
tiary at the court of France were taken into considera- 
tion ; and, after debate, 

Ordered, That the same be recommitted ; and that 
Mr. Duer be added to the committee. 

OCTOBER 26, 1778. 

The committee having again brought in a draft of 
further instructions to the minister plenipotentiary of 
the United States at the court of France, the same were 
agreed to. 

N. B. The further instructions were the eighth arti- 
cle, and the plan of attack, and what relates there- 
to: and hence it was, that the whole, being blended 
together, were dated the 26th October. 



177*.] SUPPLEMENT. 511 



DECEMBER 5, 1778. 

A letter of the 4th, from S. Deane, esquire, was 
read. 

Ordered, That Monday evening be assigned for 
hearing Mr. Deane, and that he be notified to attend. 



DECEMBER 7, 1778. 

The President informed Congress, that on Saturday 
last he received two letters from the honourable R. 
Izard: That, like the former, these letters contain 
matters of publick and private nature ; but as the 
house have determined not to receive extracts of let- 
ters, he submitted them entire, being persuaded that it 
is Mr. Izard's desire that all publick matters should be 
communicated to them. 

Ordered, That the letters be received. 

The letters were accordingly received and read, 
viz. one of July 2^, and the other of September I "3, 
J778. 

six o'clock, p. m. 

Resolved, That Silas Deane, esquire, report to Con- 
gress in writing, as soon as may be, his agency of their 
affairs in Europe, together with any intelligence respect- 
ing their foreign affairs which he may judge proper. 

That Mr. Deane be informed, that if he hath any 
thing to communicate to Congress in the interim, ot 
immediate importance, he shall be heard to-morrow 
evening at six o'clock. 



ilZ SUPPLEMENT. [Dec. S3, 

Mr. Deane attending, was called in, and the forego- 
ing resolutions were read to him. 



DECEMBER 22, 1778. 

A letter of the 21st, from Mr. S. Deane was read, in- 
forming Congress that he has committed to writing as 
particular an account of his agency of their affairs in 
Europe as his situation will permit him, and that he 
waits the pleasure of Congress to lay the same before 
them. 

Ordered, That Mr. Deane he informed that Congress 
will meet this evening at six o'clock, to receive his in- 
formation, and that he attend at that time. 

SIX o'clock, p. m. 

According to order, Mr. Deane attending, was called 
in, and proceeded to read his written information ; but 
not having time to finish. 

Ordered, That he attend to-morrow at ten o'clock, 
and proceed in his information. 

DECEMBER 23, 1778. 

According to order, Mr. Deane attending, was called 
in, and proceeded in his information ; and having gone 
through what he had written, he produced sundry let- 
ters and papers, which he desired might be read. Upon 
a letter of April 7, from doctor Franklin, to him, be- 
ing read, Mr. Deane desired leave to say something in 
explanation of the last clause of the said letter, which 
respects a negotiator, " who, as the letter mentions, is 



1718.] SUPPLEMENT. 513 

" gone back apparently much chagrined at his little 
"success, and in which doctor Fr.mklin says he has 
*' promised him faithfully, that since his propositions 
"could not be accepted, they should be buried in ob- 
" livion ; and therefore earnestly desires that Mr. Deane 
" would put that paper immediately in the fire, on ihc 
" receipt of the letter, without taking or suffering to be 
" taken any copy of it, or communicating its contents." 

As he was proceeding to explain this matter, a mo- 
tion was made, That Mr. Deane withdraw. 

Mr. Deane accordingly withdrew. 

A motion was then made, 

That Mr. Deane be called in and informed, that if he 
has any thing further to report, he lay it before Congress 
in writing. 

In lieu of which it was moved, as an amendment. 

That Mr. Deane be permitted to proceed in his ver- 
bal explanation, referred to; and that it be afterwards 
reduced to writing, if Congress shall judge it necessary. 

The amendment being received, a division was call- 
ed for, and on the question to agree to the first clause, the 
yeas and nays being required by Mr. EUery — 

New Hampshire, Mr. Whipple, Ay. ) . 

Mr. Frost, Ay. 5 ^^* 

Massachusetts Bay, Mr. S. Adams, Ay.^ 

Mr. Gerry, Ay. ( . 

Mr. Lovell, Ay. f^^' 
Mr. Holten, 

Rhode Island, Mr. Ellery, No. ^ j^,^,^^^,. 

Mr. CoUms, 



Connecticut, Mr. Dyer, 

Mr. Ellsworth, Ay.)- Ay. 
Mr. Root, 
VOL. n. 65 




514 

New York, 
New Jersey, 



SUPPLEMENT. 

Mr. Jay, 
Mr. Duane, 



[Dec. 23y 



^y- 1 Ay 

Ay.5 ^- 



Mr. Witherspoon, Ay. 1 . 
Mr. Fell, Ay. 5 ^^' 



Pennsylvania, 


Mr. 


Roberdeau, 


Ay. 


yAr. 


Delaware, 


Mr. 


M'Kean, 


Ay. 


)>Ay. 


Virginia, 


Mr. 
Mv. 
Mr. 


F. L. Lee, 
M. Smith, 
Griffin, 


Ay. 

No. 
Ay. 


S Ay. 


North Carolina, 


Mr. 
Mr. 
Mr. 
Mr. 


Penn, 
Williams, 
Hill, 
Burke, 


Ay. 

Ay. 
Ay. 
Ay. 


> 
^-Ay. 

J 


South Carolina, 


Mr. 
Mr. 
Mr. 


Laurens, 
Drayton, 
Hutson, 


No. 
Ay. 
Ay. 


V Ay. 


Georgia, 


Mr. 


Langworthy 


Ay. 


)^A^. 



So it was resolved in the affirmative. 



On the question to agree to the second clause, the 
yeas and nays being required by Mr. Ellery — 



New Hampshire, Mr. Whipple, 
Mr. Frost, 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island., 



Mr. Ellery, 
Mr. Collins, 



Ay.^i 
Ay.J 



Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 

Delaware, 

Virginia, 

North Carolina, 

South Carolina, 
Georgia, 



SUPPLEMENT. 

Mr. Dyer, 
Mr. Ellsworth, 
Mr. Root, 

Mr. Jay, 
Mr. Duane, 



sn 



Ay 
Ay 

Ay 

Ay 

Ay 



Mr. Witherspoon, Ay 
Mr. Fell, Ay 



Ay. 



\- 



Ay. 



Mr. Roberdcau, Ay. yAv. 
Mr. M'Kean, Ay. ^Aw 



Mr. F. L. Lee, Ay. 



Mr. M. Smith, 
Mr. Griffin, 

Mr. Ponn, 
Mr. Williams, 
Mr. Hill, 
Mr. Burke, 

Mr. Laurens, 
Mr. Drayton, 
Mr. Hutson, 




Mr. Langworlhy, No. ^No. 

So it was resolved in the affirmative. 

Ordered, That the secretary inform Mr. Deanc that 
Congress will give him notice of the lime when he shall 
attend again, which will probably be this evening. 



DECEMBER 26, 1778. 

Ordered, That Mr. Deane be notified to attend Con- 
gress on Monday next at fen o'clock, a. m. 



516 SUPPLEMENT. [Jan. 14, 

DECEMBER 31, 1778. 

A letter of the 30th, from Mr. Deane, was read, in- 
forming that he waits the orders of Congress, and that 
he has received letters which he is desirous to commu- 
nicate personally, which relate to parts of his narration : 
Whereupon, ^ 

Ordered, That Mr. Deane be notified to attend im- 
mediately. 

Blr. Deane, attending, was called in, and gave fur- 
ther information in writing, and having finished, 

Ordered, That he withdraw into the next room. 

Accordingly he withdrew : Whereupon, 

A motion was made, 

That a day be now assigned for Mr. Deane to at- 
tend Congress, that such questions may be asked as the 
house shall think proper, to elucidate the subject of 
his narrative. 

Question put, 

Passed in the negative. 

Ordered, That Mr. Deane be called in and inform- 
ed, that he has leave to withdraw, and that Congress 
will notify to him their future orders. 

Mr. Deane, being called in, was informed of the 
foregoing order, and withdrew. 



JANUARY 14, 1779. 

To follow proceedings of January 1, 1779. Page 130, 

Whereas it has been represented to this house by the 
honourable sieur Gerard, minister plenipotentiary of 



1779.] SUPPLEMENT. 517 

France, that " it is pretended the LJnilcd States have 
" preserved the liberty of treating with Great Ciitain 
'^' separately from their ally, as long as Great Britain 
" shall not have declared war against the king his 
" master :" Therefore, 

Resolved unanimously, That as neither France or 
the&e United States may of right, so these United States 
will not conclude either truce or peace with the com- 
mon enemy, without the formal consent of their ally 
first obtained ; and that any matters or things which 
may be insinuated or asserted to the contrary thereof 
tend to the injury and dishonour of the said states. 

JANUARY 20, 1779. 

A letter of this day, from Mr. S. Deane, was read: 
Whereupon, 

Resolved, That a committee, consisting of one mem- 
ber from each state, be appointed to take into conside- 
ration the foreign affairs of these United States, and 
also the conduct of the late and present commissioners 
of these stales in Europe, and report thereon. 

The members chosen — Mr. Whipple, Mr. Gerry, 
Mr. Ellery, Mr. Ellsworth, Mr. Duanc, Mr. Fell, Mr. 
Searle, Mr. M'Kean, Mr. Paca, Mr. M. Smith, Mr. 
Burke, Mr. Laurens and Mr. Langvvorthy. 



JANUARY 26, 1779. 

To follow proceedings of January 25, 1779. Page 131. 
Mr. M. Smith laid before Congress sundry papers, 
which he informed the house contained matters of pub- 



518 SUPPLEMENT. [Feb. 13, 

lick information, and which the delegates of Virginia 
were instructed to lay before Congress. The papers 
being read, are, 

First. An account, headed " sums advanced for the 
" state of Virginia, by the honourable Arthur Lee, 
" esquire, dated the 3d of September, 1778," and un- 
dersigned " a true copy, H. Ford, secretary ;"' on 
which is endorsed as follows, " the delegates from the 
" state of Virginia are instructed to lay this paper be- 
" fore Congress, with a view to inform them that Heze- 
" kiah Ford, who signs it as secretary to the honoura- 
" ble Arthur Lee, hath been and is considered by the 
" governour and council of this state as an enemy to 
" the American cause of independence, and by no 
" means a fit subject to be near the person of an Ameri- 
" can commissioner in Europe, or intrusted with any 
" of the secrets of the United or of their allies. Ja- 
" nuary the 25th, 1779." 

Ordered, That the committee of foreign affairs com- 
municate to the honourable Mr. A. Lee, by the first 
opportunity, the purport of the above endorsement, 
that he may be acquainted with the character of Mr. 
Ford. 

FEBRUARY 13, 1779. 

Resolved, That the President inform the minister 
plenipotentiary of his most christian majesty, that Con- 
gress will take the subject of his memorials of the 
9th instant into immediate consideration ; and that if 
he wishes to communicate any thing farther to thera, 



I7f9'] SUPPLEMENT. 5f9 

Congress will receive tlie same from him in a private 
audience. 

Resolved, That all private audiences, given to foreign 
ministers, be held in a committee of the whole house. 



FEBRUARY 15, 1779. 

The President acquainted the house that, pursuant 
to their order, he had informed the minister of France 
that Congress will take his memorials of the 9th into 
immediate consideration ; and that if he wishes to com- 
municate any thing farther to them, Congress will re- 
ceive the same in a private audience. Thatthc minis- 
ter wished to make farther communication to Congress, 
and would attend the house at twelve o'clock this day. 

The minister plenipotentiary of France attending 
agreeably to his appointment, Congress was resolved 
into a committee of the whole. After the minister had 
withdrawn, the President resumed the chair, and Mr. 
F. L, Lee reported, that the minister has had a 
private audience and free conference with the commit- 
tee ; that the committee have come to no resolutions 
thereon, and desire leave to sit again. 



FEBRUARY 24, 1779. 
To follow proceedings of February 23, 1779. Page 137. 

A letter of November 7th, 1778, from Benjamin 
Franklin, A. Lee, and J. Adams, commissioners of the 
United States at Paris, was read, enclosing copies of 
letters that passed between the said commissioners and 



520 SUPPLEMENT. [Feb. 24, 

monsieur the count de Vergennes, relative to a nego- 
tiation to be made with the Barbary states ; and also, 
copy of a let^ter from the ambassador of Naples, to the 
commissioners, informing, that the king his master has 
opened his ports to the flag of the United States of Ame- 
rica, and desiring, at these limes when the sea is cover- 
ed with privateers of different nations, and also with 
pirates, to know the colours of the flag and form of the 
sea papers. 

Ordered, That the papers relative to a negotiation 
with the states of Barbary, be referred to a committee 
of three. 

The members chosen — Mr. Carmichael, Mr. Nelson 
and Mr. Burke. 

Ordered, That the letter from the minister of Na- 
ples be referred to the marine committee, and that the 
committee be instructed to report forms of proper com- 
missions, ship papers, and the like, with the means of 
authenticating them, and of notifying the same to the 
several powers who shall be disposed to open their 
ports to the subjects of the United States. 

On the instruction, the yeas and nays being requir- 
ed by Mr. Burke — 

New Hampshire, Mr. Whipple, No. )>No. 

Massachusetts Bay, Mr. S. Adams, No. ^ 

Mr. Gerry, Ay. >No, 

Mr. Hollen, No.) 

Rhode Island, Mr. Ellery, Ay. > . 

Mr. Collins, Ay. 5 ^^* 

Mr. Dyer, Ay. 

Mr. Root, Ay. 



Connecticut. Mr. Dyer, ^y-l Ay 

^5 



n7».J SUPPLEMENT. §21 

New York, Mr. Jay, Ay." 

Mr. G. Morris, Ay. . 

Mr. Floyd, Ay. f"^^' 

Mr. Lewis, -Ay. J 

New Jersey, Mr. Witherspoon, Ay. i 

Mr. Frelinghausen, Ay. /^ Ay, 

Mr. Fell, Ay.S 

■Pennsylvania, Mr. Clingan, Ay.^ 

Mr. Shippen, Ay. I 

Mr. Atlee, Ay. f^^' 

Mr. Searle, Ay. J 

Delaware, Mr. M'Kean, Ay. ^Av. 

Maryland, Mr. Plater, No.^ 

Mr. Paca, No. ! ^^ 

Mr. Carmichael, No. ^^°- 

Mr. Henry, No. J 

Virginia, Mr. T. Adams, No.^ 

Mr. F. L. Lee, Ay. 

Mr. M. Smith, Ay. 1 . 
Mr. R. H. Lee, excused, f^^' 

Mr. Griffin, No. | 

Mr. Nelson, Ay. J 

North Carolina, Mr. Penn, Ay. ) 

Mr. Hill, No. V No. 

Mr. Burke, No.) 

South Carolina, Mr. Drayton, No. ^ ^ 

Mr. Hutson, N0.5 ^°' 

Georgia, Mr. Langworlhy, No. )>No- 

So it was resolved in the affirmative. 
VOL. II. 66 



522 SUPPLEMENT. [March 27, 



MARCH 27, 1779. 
To be inserted before proceedings of March 27, 1779. Page 151. 

A motion was made by Mr. M. Smith, and seconded 
by Mr. Burke, in the following words : 

" Whereas it is of the utmost importance that Con- 
" gress should be well informed of the situation of the 
" several courts of Europe, and particularly of the 
" views and designs of the British ministry : and 
" whereas the servants of the United States at foreign 
" courts have not in their publick letters given satis- 
" factory information on that subject, and have written 
" private letters to individuals, members of this house, 
" which have lately arrived : Therefore, 

" Resolved, That the members of Congress be called 
" on from the chair, to declare upon their honour 
" whether they have received any, and what intelli- 
" gence relative to the views and designs of any of the 
" European courts, and particularly of the court of 
" Great Britain." 

On the question to agree to the resolution, the yeas 
and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, Ay. )>Ay. 

Massachusetts Bay, Mr. Lovell, Ay.^ 

Mr. S. Adams, Ay. > Ay. 
Mr. Holten, -^y* ) 

Rhode Island, Mr. Collins, No. ) r\ 

IT r-ii A } Divided. 

Mr. Ellery, Ay. 5 

Connecticut, Mr. Dyer, Ay. ^ 



Mr. Root, -'^y^> Ay. 

Mr. Spencer, No. ) 



1779.] 

New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 

Virginia, 



North Carolina, 
South Carolina, 
Georgia, 



SUPPLEMENT. 

Mr. Jay, 
Mr. Morris, 

Mr. Foil, 



fiV 



Ay.) 



A) 
Ay. )>x 



Av. 



Mr. Armstrong, Ay."^ 

Mr. Searle, Ay. | 

Mr. Shippen, Ay. )*Ay. 

Mr. Muhlenberg, Ay. 



Mr. M'Lene, 

Mr. Vandyke, 

Mr. Plater, 
Mr. Paca, 
Mr. Carnnichael, 
Mr. Henry, 

Mr. T. Adams, 
Mr. R. H. Lee, 
Mr. M. Smith, 
Mr. Griffin, 
Mr. Nelson, 

Mr. Penn, 
Mr. Burke, 

Mr. Laurens, 
Mr. Drayton, 



Ay.J 
Ay. >Av. 
Ay.^ 

^y- Iay 

Av. p''- 
Ay.J 



Ay. 

Ay. 
No. 
Ay.J 



)>Ay. 






Mr, Langworthy, Ay. yXv. 



So it was resolved in the affirmative. 

A motion was made by Mr. Hollen, and seconded 
by Mr. R. H. Lee, to strike out the words in the 
preamble, " and whereas the servants of the United 
" States at foreign courts have not in their publick Ict- 
" ters given satisfactory information on that subjocl, 
" and have written private letters to individuals, mem- 
" bers of this house, which have lately arrived :'' the 



&24 



SUPPLEMENT. 



[March 27« 



words moved to he struck out containing two parts, 
the same were divided ; and on the question that the 
first part as far as the words "on that subject," inclu- 
sive, stand part of the preamble, the yeas and nays 
being required by Mr. Smith — 

New Hampshire, Mr. Whipple, No. )>No. 



Massachusetts Bay, Mr. Lovell, 
Mr. Adams, 
Mr. Holten, 



Rhode Island, 
Connecticut, 

New York, 

New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 




Mr. Collins, 
Mr. Ellery, 

Mr. Root, 
Mr. Dyer, 
Mr. Spencer, 

Mr. Jay, 
Mr. Morris, 

Mr. Fell, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M'Lene, 



No.r"' 




Ay. >x 

No.-^ 

No. 

No. )>No. 

No. f 

No.J 



Mr. Vandyke, No. )>No. 



Mr. Plater, 
Mr. Pdca, 
Mr. Ctrmichael, 
Mr. Henry, 



Ay. 

No. 
Ay. 
No.J 



Divided. 




17M.] SUPPLEMENT. fjib 

Virginia, Mr. T. Adams, 

Mr. F. L. Ler, 
Mr. Snijih, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

North Carolina, Mr. Penn, Ay. ) . 

Mr. Burke, Ay. ] ^^' 

South Carolina, Mr. Laurens, No. ? t^ 

Mr. Drayton, Ay. 3 

Georgia, Mr. Langworthy, Ay. )>Ay. 

So it passed in the negative, and ihc words were 
struck out. 



APRIL 15, 1779. 
To follow proceedings of April 3, 1779. Page 152. 

Congress took into consideration the report of the 
committee, consisting of Mr. Whipple, Mr. Gerry, Mr. 
EUery, Mr. Ellsworth, Mr. Duanc, Mr. Fell, Mr. Searle, 
Mr. M'Kean, Mr. Paca, Mr. M. Smith, Mr. Burke, Mr. 
Laurens, Mr. Langworthy, being a member from each 
state, appointed to take into consideration the foreign 
affairs of these United States, and also the conduct of 
the late and present commissioners of these states, 
wherein the committee report, 

1st. That it appears to them that Dr. Franklin is 
plenipotentiary for these states at the court of France, 
Dr. A. Lee. commissioner for the court of Spain, Mr. 
William Lee, commissioner for the courts of Vienna 
and Berlin, Mr. R. Izard, commissioner for the court 



S26 -SUPPLEMENT. [April 15, 

of Tuscany : that Mr. J. Adams was appointed one of 
the commissioners at the court of France in the place 
of Mr. Deane, who had been appointed a joint coni- 
missioner with Dr. Franklin and Dr. A. Lee, but that 
the said commission of Mr. Adams is superceded by 
the plenipotentiary commission to Dr. Franklin. 

2d. That it is the opinion of the committee that 
ministers plenipotentiary for these states are on!) ne- 
cessary for the present at the courts of Versailles and 
Madrid. 

3d. That in the course of their examination and in- 
<juiry, they they find many complaints against the said 
commissioners, and the political and commercial agen- 
cy of Mr. Deanc, which complaints, with the evidence 
in support thereof, are herewith delivered, and to which 
the committee beg leave to refer. 

4th. That suspicions and animosities have arisen 
among the said commissioners, which may be highly 
prejudicial to the honour and interests of these United 
States. 

5lh. That the appointments of the said commis- 
sioners be vacated, and that new appointments be 
made. 

6th. That there be but one plenipotentiary minister 
or commissioner for these United States at a foreign 
court. 

7th. That no plenipotentiary minister or commis- 
sioner for these United States, while he acts as such, 
shall exercise any other publick office. 

8th. That no person be appointed plenipotentiary 
minister or commissioner for these United Slates who 



m9.] 



SUPPLEMENT. 



vn 



is not a citizen thereof, and who has not a fixed and 
permanrnt interest therein. 

9th. That fit and proper persons be appointed to 
settle and adjust Mr. Deane's publick accounts, and the 
publick accounts of all other persons who have trans- 
acted the commercial fifiliirs of these states in France. 

10th. That each of the plenipotentiaries, ministers 
and commissioners who now is, or has been, or may 
be appointed, be allowed at the rale of per 

annum. 

The house having on former days, when the report 
I, was under debate, agreed to the first and second ar- 
||, tides thereof; and having also read the third article 
and the papers therein referred to, a motion was this 
day made by Mr. G. Morris, and seconded by Mr. 
Drayton, 

That the members of this house who may have any 
papers or evidence in their possession relative to the 
said report, do lay the same upon the table. 

On the question put, resolved in the affirmative. 

Congress pi"Oceeded to consider the fourth article 
in the report, when a motion was made by Mr, Smith, 
and seconded by Mr. Carmichael, to strike out the 
words " which may be." 



APRIL 20, 1779. 

Congress resumed the consideration of the report 
on foreign affairs ; and on the question, Shall the words 
'• which may be," stand part of the report, 

The yeas and nays being required by Mr. Drayton-^— 



528 



SUPPLEMEJST. 



[April 20 



New Hampshire, Mr. Whipple, 

MassachusettsBay,Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Hohcn, 

Rhode Island, Mr. Eilery, 
Mr. Collins, 

Connecticut, Mr. Spencer, 

New York, Mr. Jay, 

Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 

New Jersey, Mr. Fell, 



No. >.No. 



No. 




Divided. 



Pennsylvania, Mr. 

Mr. 
Mr. 
Mr. 
Mr. 
Mr. 

Maryland, Mr. 

Mr. 
Mr. 

Virginia, Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

North Carolina, Mr. 
Mr. 
Mr. 
Mr. 



J. Armstrong, 

Shippen, 

At lee, 

Searle, 

Muhlenberg, 

Wynkoop, 

Plater, 

Paca, 

Carmichael, 

T. Adams, 

Smith, 

R. H. Lee, 

Griffin, 

Nelson, 

Penn, 
Hill, 
Burke, 
Sharpe, 



Ay. yx 

No.-\ 
No. I 

No. )>No. 

No. 

No.J 

No. )>x 

No.^ 
No. I 

N- Uo. 



No. 

No.^ 
No. I 
No. SNo. 
No. I 
No.J 

No.^ 

No. >^«- 
No.J 



m9.] SUPrLEMENT. 529" 

South Carolina, Mr. Laurens, No. } »j 

Mr. Dray ion, No. I ^ °- 

So it passed in the negative, and the words were 
struck out. 

A division was then called for by Mr. Gerry, and 
that the first question be to agree to the first pnri of 
the fourth article, viz. " that su'spicions and Hhimosi- 
" ties have arisen among the said commissioners." 

A motion was then made by Mr. Duane, seconded 
by Mr. Gerry, to amend the clause by striking out the 
word " said," and in lieu thereof inserting " late 
" and present." 

On the question put, ' 

Resolved in the affirmative. 

A motion was made by Mr. Gerry, seconded by Mr. 
Muhlenberg, before the words " late and jM-esent," to 
insert " some of." 

On the question put, the stales were ecjually divided, 
and the amendment was lost. 

A motion was made by Mr. R. H. Lee, seconded by 
Mr. Ellery, that the consideration of the fourth article 
be postponed until the fifth article is considered antJ 
determined on. 

Question put, the stales were equally divided. 

A motion was made by Mr. Duane, seconded by Mr. 
Morris, to add the names of the commissioner?, taking 
the sense of the house on each name to be added. 

On the question. Shall the names be added. 

Resolved in the affirmative. 

On the question, Shall Dr. B. Franklin's name be 
inserted, 

VOL. 11. 67 



530 SUPPLEMENT. [April 20, 

Resolved in the affirmative. 

On the question, Shall Mr. Silas Deane's name be 
added, 

The yeas and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, Ay. )>Ay. 



Massachusetts Bi 


ay, Mr. S. Adams, 


AyO 

^y- vAv 

Ay. p""- 

Ay.j 




Mr. Gerry, 
Mr. Lovcll, 
Mr. Holten, 


Rhode Island, 


Mr. Ellery, 
Mr. Collins, 


No.? vr 

No.r°- 


Connecticut, 


Mr. Spencer, 


Ay. >x 


New York, 


BIr. Jay, 
Mr. Duane, 


Ay.^ 
Ay. 1 


k 


Mr. Morris, 
Mr. Flnyd, 
Mr. Lewis, 


Ay. )'Ay. 

Ay. 
Ay.j 


Pennsylvania, 


Mr. Armstrong, 


Av.') 




Mr. Shippen, 
Mr. Atlec, 
Mr. Searle, 


Ay. 1 

Ay. I A 
No. >A^- 




Mr. Muhlenberg, 


Ay. 1 




Mr. Wynkoop, 


Ay.j 



Maryland, Mr. Plater, Ay. ^ 

Mr. Paca, Ay. > Av. 

Mr. Carmichael, Ay.) 

Virginia, Mr. T. Adams, Ay."^ 

Mr. Smith, Ay. | 

Mr. R. H. Lee, Ay. )>Ay. 

Mr. Griffin, Ay. | 

Mr. Nelson, Ay.j 



1779.] 


SUPPLEMENT. 




North Carolina, 


Mr. Pcnn, 
Mr. Hill, 
Mr. liurke, 
Mr. Sharpe, 


Ay.-) 
Ay. I A 

Ay. >^' 
Ay.J 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 


ZU^ 



fSl 



So it was resolved in the affirmative. 
On the question, Shall Mr. Arthur Lee's name be 
added, 

The yeas and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, Ay. )>Ay.. 



MassachusettsBay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 


Ay.^ 

Ay. 
Ay. 


)>Av. 




Mr. Holien, 


Ay.J 


Rhode Island, 


Mr. Ellery, 
Mr. Collins, 


No. } p. 
. > Divided. 
Ay. 5 


Connecticut, 


Mr. Spencer, 


Ay. yx 


New York, 


Mr. Jay, 


Ay.^ 




Mr. Duane, 
Mr. Morris, 






Mr. Floyd, 


Ay.J 


Pennsylvania, 


Mr. Armstrong, 
Mr. Shippen, 
Mr. Allec, 
Mr. Searlo, 


Ay.^ 

Ay. 
Ay. 

No. 


.A,. 




Mr. Muhlenberg, 


Ay- 1 




Mr. Wynkoop, 


Ay.J 





Maryland, Mr. Plater, Ay. ^ 

Mr. Paca, Ay.V At. 

Mr. Carmichael, Ay.) 



533 




SUPPLEMENT. 


Virginia, 




Mr. 


T. Adams, 






Mr. 


Smith, 






Mr. 


R. H. Lee, 






Mr. 


Grilfin, 






Mr. 


Nelson, 


North Cai'o 


lina, 


Mr. 


Penn, 






Mr. 


Hill, 






Mr. 


Burke, 






Mr. 


Sharpe, 


Souih Carol 


ina, 


Mr. 


Laurens, 






Mr. 


Drayton, 



[April 20, 



Ay. I 
Ay. )>Ar. 

Ay. I 
Ay.J 



Ay. 
Ay. 

Ay. 



I 



>-Av. 



a;.:j 

So it was resolved in the atlirmative. 
On the question, Shall Mr. Ralph Izard's name be 
added. 

The yeas and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, Ay. ^►Ay. 

MassachusettsBay, Mr. S.Adams, Ay."^ 

Mr. Gerrv, Ay. I . 

Mr. Lovell, Ay. f^^' 

Mr. Holten, Ay.J 

Rhode Island, Mr. Ellery, No. ) r),^,^_^ 

Mr. Collins, Ay. 5 ^'V'^^^^' 

Connecticut, Mr. Spencer, Ay. )- 

New York, Mr. Jay, Ay.^ 

Mr. Duane, Ay. ! « 

Mr. Morris, Ay. f"^^' 

Mr. Floyd, Ay.j 

Pennsylvania, Mr. Armstrong, Ay."^ 

Mr. Shi|)pen, Ay. ( 

Mr. Ailee, Ay. I . 

Mr. Searle, No. f^^' 

Mr. Muhlenberg, Ay. I 

. Mr. VVynkoop, Ay.J 



1778.] 

Maryland, 
Virginia, 

North Carolina, 
South Carolina, 



8UPPLEM1NT. 

Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, 

Mr. T. Adams, 
Mr. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

Mr. Penn, 
Mr. Hill, 

Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



Ay.) 

Ay.V Ar. 

Ay.) 

Ay.^ 
Ay.\ 
Ay. >Ar. 

A^. 

AyJ 



Ay.^ 

Ay. I 

Ay. f 

Ay.j 



Ay. 



t\^^- 



So it was resolved in the affirmative. 
On the question, Shall Mr. William Lee's name be 
added. 

The yeas and nays being required by Mr. Smith — 

iNew Hampshire, Mr. Whipple, Ay. )'Av. 



MassachusettsBay,Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Rhode Island, Mr. Ellery, 

Mr. Collins, 

Connecticut, Mr. Spencer, 

New York, Mr. Jay, 

Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 



Ay.-i 

Ay. l^'' 
Ay.) 



No. 
Ay. 



Divide] 



Ay. yx 




534 SUPPLEMENT. [April 20, 



Pennsylvania, Mr. Armstrong, Ay. 

Mr. Shippen, Ay 



:1 



Mi. Atlee, Ay. 1 . 

Mr. Searle, No. f 

Mr. Muhlenberg, Ay. 

Mr. Wynkoop, Ay, 



Maryland, 


Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, 


Ay.) 

Ay. V Av. 
Ay.S 


Virginia, 


Mr. T. Ad. mis. 
Mi. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 


Ay.-i 

Ay. 

Ay. yAr. 
Ay. 1 

Ay.J 


North Carolina, 


Mr. Penn, 
Mr. Hill, 
Mr. Burke, 
Mr. Sharpe, 


Ay.^ 
Ay.J 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 


Ay.? A 
Ay. I ^" 



So it was resolved in the affirmative. 
On the question, Shall Mr. John Adams's name be 
added, 

The yeas and nays being required by Mr. Smith — 

New Hampshire, Mr, Whipple, Ay. )>Av. 

MassachusettsBay, Mr. S. Adams, Ay." 

Mr. Gerry, No. » t^ 

-\,T T II K >UlVlBED. 

Mr. Lovell, Ay. 

Mr. Holtcn, No. 

Rhode Island, Mr. Ellery, No. ^ p.,^,^^^ 

Mr. Collins, Ay. > ^'^ided. 



J 779.] -SUPPLEMEPi^. 68^ 

Connecticut, Mr. Spencer, Ay. )>-X 






New York, Mr. Jay, No. 

Mr. Duane, 

Mr. G. Morris, No. f 

Mr. Floyd, No.J 

Pennsylvania, Mr. Armstrong 

Mr. Shippen, 




Mr. Alloc, 

Mr. Searlo, 

Mr. MuhU'iihcrg, No. 

Mr. VV^iikouj), No.j 

Maryland, Mr. Plater, Ay. i 

Mr. Paca, Ay. V Ay. 

Mr. Carrnichael, Ay. ^ 

Virginia, Mr. T. A'iams, Ay."^ 

Mr. Smith, Ay. | 

Mr. R. H. Lee, Ay. )>Av. 



Mr. Gndin, Nc 

Mr. Nelson, N 



:;J 



North Carolina, Mr. Penn, No.^ 

Mr. Hill, Ay. ' 

Mr. Burke, No. f ^'" 



South Carolina, Mr. Laurens, 
Mr. Drayton, 



Mr. Sharpe, No.j 

No. > ,. 
No.p^- 



f So it passed in the negative. 

The first clause being atnonded so as to read, 

i That suspicions and aninriosities have arisen aniong 

I the late anc^ present commissioners, namely, Dr. Bcn- 

J jamin Franklin, Mr. Silas Doane, ?»Ir. Arthur Lee, 

fcf Mr. Ralph Izard and Mr. William Lee: and the qucs- 

ii tion being ready to be put, the previous qnostion wa« 

r moved by Mr. S. Adams, and seconded by Mr. Lovell, 



B^ 



SUPPLEMENT. 



fApril 20, 



That the question be not now put ; on which the 
yeas and nays being required by Mr. Drayton, 

New Hampshire, Mr. Whipple, Ay. ^Ay. 



MassachusettsBay,Mr. S. Adams, 
Mr. Gerry, 



Rhode Island, 

Connecticut, 
New York, 



Pennsylvania, 



Maryland, 



Virginia, 



North Carolina. 



Mr. Lovell, 
Mr. Holten, 

Mr. Ellery, 
Mr. Collins, 



AyO 

No. ( r. 
. ^-Divided. 

Ay. . 

No.j 

Ay.? 

No. 5 



Divided. 



Mr. Spencer, Ay. )>x 



Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Alice, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. Wynkoop, 

Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, 

Mr. T. Adams, 
Mr. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

Mr. Penn, 
Mr. Hill, 
Mr. Burke, 
Mr. Sharpe, 



'No. 



1779.] 

South Carolina, 



SUPPLEMENT. 

Mr. Laurens, 
Mr. Drayton, 



f89 

Ay. ) n 
iNo.5 I^'V'^^^' 



So it passed in the negative. 

The question being then put to a^^ree to liie fust 
clause as anjended, and the yeas and nays being re- 
quired by Mr. Drayton — 

New Hampshire, Mr. Whipple, No. )'No. 

MassachusettsBay, Mr. S. Adams, 
Mr. Gerry, 



Rhode Island, 

Connecticut, 
New York, 



Pennsylvania, 



Maryland, 



Virginia, 



VOL, II. 



Mr. Lovell, 
Mr. Ilolten, 

Mr. Ellery, 
Mr. Collins, 

Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 

Mr. .Armstrong, 

Mr. Shippen, 

Mr. Atlee, 

Mr. Searle, 

Mr. Muhlenberg, Ay. I 

Mr. Wynkoop, Ay. J 

Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, 



•Ay. 



z ^-- 



-Ay. 



Av. 



Mr. T. Adams, 
Mr. M. Smith, 
Mr. R. Hi Lee, 
Mr. Gniliii, 
Mr. Nelson, 

68 



AyO 

Ay. I 
Ay. ^Ay. 
Ay. I 
Ay.; 



538 

North Carolina, 
South Carolina, 



SUPPLEMENT. 

Mr. Penn, 
Mr. Hill, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



[April 20, 



Ay.) 



So it was resolved in the affirmative. 

The question was then put, to agree to the second 
clause, on which the yeas and nays being required by 
Mr. Drayton — 

New Hampshire, Mr. Whipple, No. )>No. 



MassachusettsBay, Mr. S. Adams, 
Mr. Gerry, 



Rhode Island, 
New York, 

Pennsylvania, 



Maryland, 



Mr. Lovell, 
Mr. Holten, 

Mr. Ellery, 
Mr. Collins, 

Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 

Mr. Armstrong, 

Mr. Shippen, 

Mr. Atlee, 

Mr. Sea-le, No. [ 

Mr. Muhlenberg, No. | 

Mr. Wynkoop, Ay. J 

Mr. Plater, 

Mr. Paca, 

Mr. Carmichael, 



•Divided. 



Divided. 



■No. 



Ay. 



1779.] 



SUPPLEMENT. 



&39 



Virginia, 



North Carolina, 



South Carolina, 



Mr. T. Adams, 
Mr. M. Smith, 
Mr. R. H. Lee, 
Mr. GriiTin, 
Mr. Nelson, 

Mr. Penn, 
Mr. Hill, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



Ay. 1 
Ay. >Av, 
Ay. 1 
Ay.J 

Ay.! 

Ay.r 

Ay.J 



Ay. 



No. 
Ay 



::\- 



IVIDED. 



So it was 

Resolved, That suspicions and animosities have 
SM'isen among the late and present commissioners, 
namely, Dr. B. Franklin, Mr. Silas Deane, Mr. Ar- 
thur Lee, Mr. Ralph Izard, and Mr. William Lee, 
highly prejudicial to the honour and interest of these 
United States. 



APRIL 21, 1779. 

Congress proceeded to consider the fifth article of 
the report of thirteen on foreign afl'airs. 

On motion of Mr. Ellery, and seconded by Mr. 
Henry, 

Resolved, That the names of the ministers therein 
referred to be repeated, and the question taken on each 
individually. 



APRIL 22, 1779. 

Congress resumed the consideration of the fifih ar- 
ticle in the report of thirteen on foreign affairs, and 



340 SUPPLEMENT. [April 22, 

according to the order of yesterday, the first question 
debated was, Shall Dr. B. Franklin, minister pleni- 
potentiary at the court of France, be recalled. When 
the question was about to be put, the previous ques- 
tion was moved by Mr. Morris, and seconded by Mr. 
Drayton, 

On which the yeas and nays being required by Mr. 
Laurens — 

New Hampshire, Mr. Whipple, No. ^No. 

MassachusettsBay, Mr. S. Adams, No.'^ 

Mr. Gerry, Ay. I ^ 

Mr. Lovell, No. p^' 

Mr. Holten, No.J 

Rhode Island, Mr. Ellerv, No. ) j^ 

i\,T r-' II A ^ Divided. 

Mr. Collins, Ay. } 

Connecticut, Mr. Spencer, No. )»X 

New York, Mr. Jay, Ay."^ 

Mr. Duane, Ay. j 

Mr. Morris, Ay. )»Ay. 

Mr. Floyd, Ay. I 

Mr. Lewis, No.J 

New Jersey, Mr. Fell, Ay. yx 

Pennsylvania, Mr. Armstrong, 

Mr. Shippen, 

Mr. Atlee, No. I ^ 

Mr. Scarle, No. ^^^°* 

Mr. Muhlenberg, No. 

Mr. Wynkoop, Ay. 

Delaware, Mr. M'Kean, No. ^No. 




1T79.J SUPPLEMENT. til 

Maryland, Mr. Plater, 

Mr. Paca, No. I r, 

■E/i o • u I * > Divided. 

Mr. Carmichael, 

Mr. Henry, 

Virginia, Mr. T. Adams, 

Mr. Smith, 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

North Carolina, Mr. Penn, -Ay*) 

Mr. Burke, Ay. > Ay. 

Mr. Sharpe, Ay. 3 

South Carolina, Mr. Laurens, No. ) ta 

nyi rk . At Divided, 

Mr. Drayton, Ay. ^ 

So the previous question being lost, the main question 
was put; on which the yeas and nays being required 
by Mr Smith — 

New Hampshire, Mr. Whipple, 

MassachusettsBay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 

Rhode Island, Mr. Ellery, 

Mr. Collins, 

Connecticut, Mr. Spencer, No. )>x 

New York, Mr. Jay, 

Mr. Duane, 
Mr. G. Morris, 
Mr. Floyd, 
Mr. Lewis, 

New Jersey, Mr. Fell, No. ^X 





642 SUPPLEMENT. [April 30, 



Pennsylvania, Mr. Armstrong, No."^ 

Mr. Shippen, No. 
Mr. Atlee, 
Mr. Searle, 

Mr. Muhlenberg, No. } 

Mr. Wynkoop, No. J 



No. I 
No. rNo. 



Delaware, Mr. M'Kean, No. )>No. 

Maryland, Mr. Plater, No." 

Mr. Paca, Ay. ^.t 

Mr. Carmichacl, No. j 

Mr. Henry, No. J 

Virginia, Mr. T. Adams, 

Mr. Smith. 
Mr. R. H. Lee, 
Mr. Griffin, 
Mr. Nelson, 

North Carolina, Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 

South Carolina, Mr. Laurens, 
Mr. Drayton, 

So it passed in the negative. 



APRIL 30, 1779. 

The order of the day being read for proceeding to 
the consideration of the report of the committee on 
foreign affairs ; and the question under debate being 
stated. Shall Arthur Lee, esquire, commissioner of the 
United Slates at the court of Madrid, be recalled, 

Mr. Paca arose, and informed the house, that he had 
important information on the subject of the said re- 
port, which he would communicate agreeable to the 




1779.] SUPPLEMENT. 543 

order of ihe house : he then proceeded lo lay on the 
table a paper signed by himself and Mr. W. II. Dray- 
ton, containing intelligence respecting Arthur Lee, 
esquire, which was read. After debate, the house ad- 
journed. 

MAY 3, 1779. 

Congress resumed the consideration of the report of 
the committee on foreign affairs ; and the (jueslion 
under debate being stated, viz. Shall Mr. Arthur Lee 
be recalled, 

Mr. Carraichael arose, and informed the house, 
" That as the committee appointed by Congress to 
" examine into the state of their foreign affairs, have 
" thought proper to refer to him for information on 
" the charges reported by them against some of the 
" publick servants abroad, and as some gentlemen 
" have expressed a desire he should reduce to writing 
" the information he gave the house in his place when 
" those charges were read, ho «as induced to indulge 
" their wishes, as well lo show more explicitly the rca- 
" sons which determine his voice on the decision of a 
" question on which he thinks the honour and interest 
" of the United Stales highly depend." He then pro- 
ceeded to lay on the table a paper signed by him, 
which, with sundry papers thereiti referred to, was 
read. 

On the question, Shall i>Ir. Arthur Lee be recalled, 
the yeas and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, No. )>No. 



544 


SUPPLEMENT. 




MassachusettsBay 


', Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 


No, 

Ay, 
No, 
No. 


Rhode Island, 


Mr. Ellery, 
Mr. Collins, 


No. 
Ay. 


Connecticut, 


Mr. Sherman, 
Mr. Spencer, 


No. 
No. 


New York, 


Mr. Jay, 
Mr Duane, 
Mr. Morris, 
Mr. Floyd, 


Ay. 
Ay. 
Ay, 
Ay. 


New Jersey, 


Mr. Witherspoon, 
Mr. Scudder, 
Mr. Fell, 


No. 
No. 
Ay. 


Pennsylvania, 


Mr. Armstrong, 
Mr. Shippen, 
Mr. Atlee, 
Mr. Searle. 
Mr. Muhlenberg, 
Mr. Wynkoop, 


No. 
No, 
Ay. 
No. 
Ay. 
Ay. 


Delaware, 


Mr. Dickinson, 
Mr. Vandyke, 


Ay. 

No. 



[May 3, 



Maryland, 



Virginia, 



North Carolina, 



Mr. Paca, Ay. 

Mr. Carmichael, Ay. 

Mr. Henry, Ay. 

Mr. Jenifer, No. 

Mr. Smith, Ay. 
Mr. R.H. Lee, excused. 

Mr. Griffin, Ay. 

Mr. Fleming, Ay. 



Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 



Ay. 
Av. 

Ay. 



No. 



Divided. 



Divided. 



►Ay. 



'Av. 



Ay. 



It79.] SUPPLEMENT. 546 

South Carolina, Mr. Laurens, No. 1 rN 

Mr. Drayton, Ay.j Divided. 

So the slates were equally divided. 

MAY 4, 1779. 

A letter from his most christian majrsty, undersigned 
de Vergenncs, was read, informing Congress of the 
birth of a princess : Whereupon, 

Resolved, That the President, with a committee con- 
sisting of a member from each state, wait on the minis- 
ter plenipotentiary of France, and congratulaic him on 
this event. 

Resolved, That a committee of three be appointed 
to prepare the draft of a letter in answer to that from 
his most christian majesty. 



MAY 20, 1779. 
To follow proceedings of May 13, 1779. Page 160. 
Congress proceeded to the consideration of the re- 
port of the committee of thirteen on foreign affairs. 

After debate, it was agreed by the house, that the 
question shall be stated, Shall Mr. R. Izard be re- 
called. 

MAY 22, 1779. 

The committee, consisting of Mr. Burke, Mr. Duanc 
and Mr. Lovell, to whom was referred the letter from 
the minister plenipotentiary of France, with the note 
from don Juan de Mirailles, dated May 18, 1779, 
brought in a report : Whereupon, 
VOL. 11. G9 



^ SUPPLEMENT. [iMay 22, 

Resolved, That the resolutions of Congress, passed 
on the 6th day of March last, relative to the control 
of Congress by appeal in the last resort over all ju- 
risdictions for deciding the legality of captures on the 
high seas, be immediately transmitted to the several 
states ; and that they be respectively requested to take 
effectual measures for conforming therewith. 

Resolved, That the following letter be written to 
the minister plenipotentiary of France, and signed by 
the President : 

Sir, Congress having taken into consideration your 
letter of the 19th of this month, I am directed to as- 
sure you, that as soon as the matter shall in due course 
come before them, they will attend very particularly 
to the cases of the vessels stated in the note from don 
Juan de Mirailles lo have been sailing under the flag of 
his catholick majesty, and captured by armed vessels un- 
der the flag of the United States ; and that they will cause 
the law of nations to be most strictly observed: that if 
it shall be found, after due trial, that the owners of the 
captured vessels have suffered damage from the mis- 
apprehension or violation of the rights of war and neu- 
trality, Congress will cause reparation to be made in 
such manner as to do ample justice and vindicate the 
honour of the Sjianish flag. 

That Congress have every possible disposition to 
cultivate the most perfect harmony with his catholick 
majesty, and to encourage the most liberal and friendly 
intercourse between his subjects and the citizens of 
these United States; but they cannot, consistently with 
the powers intrusted to them and the rights of the 



1779.] 



SUPPLEMENT. 



547 



States and of individuals, in any case, suspend or inter- 
rupt the ordinary course of justice. 



JUNE 8, 1779. 
To follow proceedings of June 3, 1779. Page IC7. 
Congress proceeded to the consideration of the re- 
port of the committee of thirteen on foreign affairs, and 
on the question. Shall Mr. R. Izard be recalled, the 
yeas and nays being required by Mr. Smith — 

New Hampshire, Mr. Whipple, No. )»No. 



Massachusetts 


Bay,Mr. S. Adams, 
Mr. Gerry, 
Mr Lovell, 
Mr. Holten^ 


No.^ 

n'o: H- 

No.j 


Rhode Island, 


Mr. Ellery, 


Ay. ^Av. 


Connecticut, 


Mr. Sherman, 
Mr. Huntington, 
Mr. Spencer, 


Ay.) 

No.V Ay. 
Ay.S 


New York, 


Mr. Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 


AyO 

Ay. 

Ay. )>Ay. 

Ay. 

Ay.J 


New Jersey, 


Mr. Scudder, 
Mr. Fell, 


No.) n 

Ay. 5 Divided 


Pennsylvania, 


Mr. Armstrong, 
Mr. Shippen, 
Mr. Searie, 

Mr Miihlpnhnror 


No.^ 
No. 1 

^- ^No. 



Mr. M'Lene, No. 

Mr. Wynkoop, Ay. 



548 SUPPLEMENT. [June 8, 

Delaware, Mr. Dickinson, Ay. ^'Ay. 

Maryland, Mr. Plater, 

Mr. Paca, 
Mr. Carmichael, 
Mr. Henry, 
Mr. Jenifer, 

Virginia, Mr. Smith, 

Mr. Griffin, 
Mr. Fleming, 

North Carolina, Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 

South Carolina, Mr. Laurens, 
Mr. Drayton, 

So it was resolved in the affirmative. 

A motion was then made by Mr. Duane, seconded 
by Mr. Armstrong, 

" That Mr. Izard be informed, that it is the sense of 
" Congress that he need not repair to America until it 
" suits his convenience."^ 

An objection being made to this as being out of or- 
der — 

On the question. Is the motion in order, the yeas 
and nays being required by Mr. Drayton — 

New Hampshire, Mr. Whipple, Ay. yAr. 




Massachusetts Bay, Mr. S. Adams, Ay.^ 



Mr. Gerry, No. 

Mr. Lovell, Ay. . 

Mr. Holten, Ay.J 



>Ay. 



Rhode Island, Mr. Ellery, 

Mr. Collins, 



^y- 1 Av 

Ay. 5^^- 



1779.] 

Connecticut, 
New York, 



SUPPLEMENT. 



;4» 



New Jersey, 
Pennsylvania, 



Delaware, 
Maryland, 



Virginia, 



North Carolina, 



Mr. 


Sherman, 


No. 


\ 


Mr. 


Huntington, 


Ay. 


i Ay. 


Mr. 


Spencer, 


Ay. 


5 


Mr. 


Jay, 


Ay. 


^ 


Mr. 


Duane, 


Ay. 




Mr. 


Morris, 


No. 


>Av. 


Mr. 


Floyd, 


Ay. 




Mr. 


Lewis, 


Ay. 


J 


Mr. 


Scudder, 


No. 


> Divided 


Mr. 


Fell, 


Ay. 


Mr. 


Armstrong, 


Ay. 


■\ 


Mr. 


Shippen, 


Ay. 


Mr. 


Searle, 


Ay. 


'>At. 


Mr. 


Muhlenberg, 


Ay. 


Mr. 


M'Lene, 


Ay. 


J 


Mr. 


Wynkoop, 


Ay. 


Mr. 


Dickinson, 


Ay. 


)>Av. 


Mr. 


Plater, 


AyO 


Mr. 


Paca, 


No. 


I 


Mr. 


Carmichael, 


Ay. 


^Ay. 


Mr. 


Henry, 


Ay. 


Mr. 


Jenifer, 


No. 


J 



Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 




South CaroliDB, 

So it was resolved in the affirmative, 



Mr. Laurens, 
Mr. Drayton, 



No.) ^x 
No. \ No. 



i50 



SUPPLEMENT. 



[June 8, 



On motion of Mr. Sherman, seconded by Mr. Lovell, 
Resolved, That the words " until it suits his con- 

'.' venience," be struck out. 

On the question to agree to the motion as amended, 

the yeas and nays being required by Mr. Paca — 



New Hampshire, Mr. Whipple. 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island, 
Connecticut, 

New York, 



New Jersey, 



Pennnsylvania, 



Mr. Ellery, 
Mr. Collins, 

Mr. Sherman, 
Mr. Huntington, 
Mr. Spencer, 

Mr. .Jay, 
Mr. Duane, 
Mr. Morris, 
Mr. Floyd, 
Mr. Lewis, 

Mr. Scudder, 
Mr. Fell, 

Mr. Armstrong, 
Mr. Shippen, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M'Lene, 
Mr. Wynkoop, 



Ay. )>Ay. 
Ay. J 



Ay. 



At. 



No.^ 
Ay. I 
No. )>Ay. 
Ay. I 
Ay.J 

Ay.^l 
Ay. I 

^y- Uy 

No. f ^^• 
Ay. I 
AyJ 



Delaware, 



Mr. Dickinson, Ay. )>"Ay. 



iTW.] 


SUPPLEMENT. 




Maryland, 


Mr. Plater, 
Mr. Paca, 
Mr. Carmichael, 
Mr. Henry, 
Mr. Jenifer, 


No.A 

No. 

No. >No. 

Ay. 1 

No.J 


Virginia, 


Mr. Smith, 
Mr. Griffin, 
Mr. Fleming, 


No.) 
No.> No. 
No.^ 


North Carolina, 


Mr. Penn, 
Mr. Burke, 
Mr. Sharpe, 


No.) 
No.V No. 
No.^ 


South Carolina, 


Mr. Laurens, 
Mr. Drayton, 


No. } ,- 
No.r°- 



&il 



So it was 

Resolved, That Mr. Izard be informed, that it is the 
s€nse of Congress, that he need not repair to America. 

On motion of Mr. S. Adams, seconded by Mr. Sher- 
man, 

Resolved, That Mr. W. Lee be informed, that it is the 
sense of Congress, that he need not repair to America. 

Resolved, That there be but one plenipotentiary 
minister or commissioner for these United States at a 
foreign court. 

The seventh proposition in the report being read, 
viz. "That no plenipotentiary minister or commissioner 
" for these United States, while he acts as such, shall 
'• exercise any other ))ublick office :" after debate the 
previous question was moved by Mr. Morris, and 
seconded by Mr. Drayton, and being passed in the 
affirmative, the main question was set aside. 

The eighth proposition being read, " That no per- 
'^ son be appointed plenipotentiary minister or com- 



i 



552 SUPPLEMENT. [June 8, 

" missioner for these United States who is not a citl- 
" zen thereof, and who has not a fixed and permanent 
" interest therein" — 

The previous question was moved by Mr. S. Adams, 
and seconded by Mr. Morris. 

A division of the main question was required ; and 
on the previous question on the first, viz. "That no 
" person be appointed plenipotentiary minister or com- 
" missioner for these United States who is not a citizen 
" thereof," the yeas and nays being required by Mr. 
Penn — 

New Hampshire, Mr. Whipple, Ay. ^Ay. 



MassachusettsBay, Mr. S. Adams, -Ay.'^ 



Mr. Gerry, Ay. 

Mr. Lovell, Ay. 



J^Ay. 



Mr. Holten, Ay.J 

Rhode Island, Mr. Ellery, Ay. ) . 

Mr. Collins, Ay. 5 ^^• 

Connecticut, Mr. Sherman, Ay. J>Ay. 

New York, Mr. Jay, 

Mr. Duane, 
Mr. Floyd, 

Pennsylvania, Mr. Armstrong, 

Mr. Shippen, 

Mr. Searle, ^_y. * ^^ 

Mr. Muhlenberg, Ay. ( 

Mr. M'Llene, Ay. | 

Mr. Wynkoop, Ay.J 

Delaware, Mr. Dickinson, Ay. )>Ay. 

Maryland, Mr. Paca, 

Mr. Henry, No.J> No. 

Mr. Jenifer, 




nre.j SUPPLEMENT. f§^ 

Virginia, Mr. Smith, No.) 

Mr. GriflTm, No. V No. 

Mr. Fleming, No.^ 

North Carolina, Mr. Pcnn, No.) 

Mr. Burke, No.? No. 

Mr. Sharpc, No.) 

South Carolina, Mr. Laurens, Ay ) t^ 

Mr. Drayton, No. j D.v.dei.. 

So it was resolved in the aflirtnutive, and that part 
of the main question set aside. 

The previous question being put on the latter part, 

passed in the affirmative, and that part was also set 
aside. 



JUNE 10, 1779. 

The order pf the day being called for, to proceed in 
the consideration of the report on foreign affairs, 

A motiqn was niade by Mr. Burke, seconded by Mr. 
Laurens, 

That the further consideration of the said report be 
postponed until order be taken on the letter of 22d 
May last from Mr. Dcane, and a decision made on the 
resolution moved thereon by a n;ember from North 
Carolina, jseconded by a member from South Carolina. 

On the question to agree to this, the yeas and nays 
being required by Mr. Burke — 

New Hampshire, Mr. Whipple, No. J^No. 
VOL. II. 70 



554 



SUPPLEMENT. 



Massachusetts Bay, Mr. 
Mr. 
Mr. 



Rhode Island, 
Connecticut, 

New York, 
New Jersey, 
Pennsylvania, 



Maryland, 

Virginia, 
North Carolina, 



S. Adams, No. 
Gerry, No. 

Holten, Ay. 



Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 

Mr. 
Mr. 
Mr. 



Ellery, 
Collins, 



No. 
Ay. 




IVIDED'. 



Sherman, No. 
Huntington, No. 
Spencer, Ay. 



No. 



Jay, 
Lewis, 

Scuddcr, 
Fell, 



Ay. 
Ay. 

No. 
Ay. 



I Av. 

( Divided. 



Armstrong, No.' 

Shippen, No. 

Searle, No. 

Muhlenberg, Ay. 

M'Lene, No. 

Wynkoop, Ay. 

Paca, Ay. 

Carmichael, Ay 



Henry, 
Jenifer, 

Sfuith, 

Griffin, 

Fleming, 

Penn, 

Burke, 

Sharpe, 



Ay. 
Ay. 

Ay. 
Ay. 
Ay. 

Ay. 

Ay. 
Ay. 



►No. 



J>Ay. 



Ay. 



Ay. 



Mr. 
Mr. 



South Carolina, 

So it was resolved in the affirmative. 



Laurens, Ay 

Drayton, Ay 



•? Ay. 



1779.] SU^PLEME^'T. tibb 

The motion was then read, viz. 

" That Silas Deane, esquire, be ordered not lo de- 
" part the United States without the special prrrnis- 
*' sion of Congress ; and that Arthur Lee, esfjuirc, he 
" directed lo repair forthwith to America, in order the 
" better lo enable Congress lo inquire into the trnlh of 
" the several allegations and suggestions made by the 
" said Arthur Lee against the said Silas Deane." 

When the question was about to be put, the pre- 
vious question was moved by Mr. Gerry, seconded by 
Mr. Adams ; and a division of the main question being 
called for, 

On the question to agree to the previous question on 
the first clause, viz. " That Silas Deane, esquire, be 
" ordered not to depart the United States without the 
" special permission of Congress ;" the yeas and nays 
being required by Mr. Laurens — 

New Hampshire, Mr. Whipple, Ay. )>Ay. 






Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 

Mr. Lovcll, Ay. . 

Mr. Ilolten, Ay. J 

Rhode Island, Mr. Ellery, Ay. \ p. 

Mr. Collins, No. J ^"■"''^''; 

Connecticut, Mr. Sherman, Ay. i 

Mr. Huntington, Ay. > Ay. 

Mr. Spencer, Ay. ) 



New York, Mr. Jay, 

Mr. Diiane, 



No. } xr 

No.P°- 



556 SUPPLEMENT. [June 10 



New Jersey, Mr. Scudder, 

Mr. Fell, 



Pennsjlvania, Mr. Armstrong, Ay."^ 

Mr. Shippen, Ay. j 

Mr. Searle, Ay. I ^ 

Mr. Muhlenberg, No. f^^' 

Mr. M^Lene, Ay. I 

Mr. Wynkoop, Ay. J 

Maryland, Mr. Paca, No.■^ 

Mr. Carmichael, No. 1 xr 

Mr. Henry, No. r^^' 

Mr. Jenifer. Ay. J 

Virginia, Mr. Smith, No. ^ 

Mr. Griffin, No.V No. 

Mr. l-Mcming, No. 3 

North Carolina, Mr. Pennj No. ^ 

Mr. Burke, No. ^ No. 

Mr. Sharpe, No. ) 

South Carolina, Mr. Laurens, No. ) »j 

Mr. Drayton, No.5^^°- 

So the states were equally divided, and the question 
lost. 

On the question to agree to the clause abovemen- 

tioned, the yeas and nays being required by Mr. 
Holten— 

New Hampshire, Mr. Whipple, No. ^-No. 

Massachusetts Bay, Mr. S. Adams, 
Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 



Rhode Island, Mr. Ellery, 

Mr. Collins, 




IVIDED. 



1779.] 



SUPPLEMENT. 



557 



Connecticut, 

New York, 
New Jersey, 
Pennsylvania, 



Maryland, 



Virginia, 



North Carolina, 



South Carolina, 



Mr. Sherman, 

Mr. Huntinf^ton, 
Mr. Spencer, 

Mr. Jay, 
Mr. Duane, 

Mr. Scuddcr, 
Mr. Fell, 



No. 



Ay.) 



Ay. 



No. 
Ay. 

No. 



1° 



IVIDED. 



Mr. Armstrong, 

Mr. Shippcn, 

Mr. Searle, 

Mr. Muhlenberg, Ay. 

Mr. M'Lene, No. 

Mr. Wyiikoop, 



No.^ 

No. I 



Mr. Paca, 
Mr. Carmichael, 
Mr. Henry, 
Mr. Jeniter, 

Mr. Stniih, 
Mr. Griffin, 
Mr. Fleming, 

Mr. Pcnn, 
Mr. Burke, 
Mr. Sharpe, 

Mr. Laurens, 
Mr. Drayton, 



Ay. J 

Ay.^ 
Ay. In 

No.J 



Av. 



Ay. 



Al- 



so the states were equally divided, and the question 
lost. 

The previous question being put on the second 
clause, was carried in the affirmative, every member 
answering except Mr. Henry and Mr. Smith. So the 
main question was set aside. 



558 SUPPLEMENT. [June 18, 

JUNE 18, 1779. 
To follow proceedings of Juue 17, 1779. Page 172. 

The commiltoc on the treasury rejiort, 

That they have according to order, prepared bills 
of exchange on the minister jilonipotentiary of the 
United States at the court of France, in favour of Mr. 
Caron de Beaumarchais, consisting of fifty sets, six 
bills to each set, as sj^ccifiec) in a schedule annexed, all 
dated the 15lhday of this instant June, amounting in 
the whole to two miliions four hundred thousand livres 
tournois, and payable the 15llitla)- of June, 1782; and 
also six sets, six bills to each sot, all flated the same 
day, drawn on the said minister in favour of the said 
Mr. C. de Beaumarchais, for the yearly interest of the 
said principal sum, at six per cent., being one hundred 
and forty- four thousand livres yearly, in the whole 
four hundred and ihirt} -two thousand livres ; the princi- 
pal and interest so drawn for amountiiig in tiie whole 
lo two millions eight hundred and thirty-two thousand 
livres, which last mentioned bills for the interest are 
particularly specified in the said schedule ; and that 
they have also prepared letters of advice of the said 
bills of exchange to the said minister plenipotentiary : 
Whereupon, 

Resolved, That the said diafts be signed by the 
President of Congress, and entered in ihe auditor's 
office as warrants ai-e usually passed, and then deliver- 
ed to Mr. Francey, agent for the said Mr. de Beau- 
marchais, on his giving the auditor general a receipt 
for the same ; and that Mr. de Beaumarchais be charg- 
ed with the amount of the said principal sum in the 
books of the treasury. 



1779.] 



SUPPLEMENT. 



U» 



Resolved, That the faith of the United States be 
pledged to make good any contract or cngagr-ment 
which shall be entered into by the said minister pleni- 
potentiary, or any future minister of these United 
States at the court of Versailles, for obtaining money 
or credit to enable him to honour the s?id drafts and 
provide for their punctual discharge. 

Ordered, That copies of the foregoing reaolution.s, 
and that of the 5th instant, and of the letters of advice, 
subscribed by the President, be transmitted by the 
committee for foreign affairs to the minister plenipo- 
tentiary of the United States at the court of Versailles. 



JULY 24, 1779. 

In the list of yeas and nays under this date, page 
209, the states of Delaware and Maryland should stand 
thus — 



Delaware, 



Maryland, 



Mr. Dickinson, excused. ^ 
Mr. Van Dyke, No.V No. 

Mr. M-Kean, No.^ 



Mr. Henry, 
Mr. Forbes, 



Ay.? 

Ay. J 



Av. 



AUGUST 2, 1779. 

To follow proceedings of August 2, 1779. Page 217. 
Resolved, That the minister of France be assured 
that Congress will, at all times, afford every counte- 
nance and protection to the consuls and other servants 



6^ SUPPLEMENT. [Aug. 6r 

of his most christiaji majesty, within the powers and 
authorities to them delegated by their constituents. 

That the several appointments of consuls made and 
which may hereafter be made and approved by Con- 
gress, be duly registered in the secretary's office, and 
properly notified by the President to the executive au- 
thorities of (he respective states, in whose port such 
consuls may reside. 

That the measures taken by Mr. Holker to procure 
flour for the fleet of his most christian majesty in the 
way of commerce, have, from time to time, been made 
inown unto, and been fully approved by Congress: 
that the several proceedings and publications complain- 
ed of by the minister on that subject, are very injurious 
to the servants of his said majesty, and that Congress 
do highly disapprove of the same. 

That the president and supreme executive council 
of Pennsylvania be informed, that any prosecutions 
which it may be expedient to direct, for such matters 
and things in ihe said publications or transactions as 
may be against the laws of nations, shall be carried on 
at the expense of the United States. 

That the minister of France be informed, that the 
president and supreme executive council of Pennsyl- 
vania have taken proper measures to restore the flour 
taken from the agents of Mr. Holker. 



AUGUST 6, 1779. 

To follow proceedings of August 5, 1779. Page 222. 

On a report from the board of treasury, 

Resolved, That an allowance of eleven thousand 



II 



ITTS.] 



SUPPLEMENT. 



sdi 



four hundred and twenty-fight livrcs tournois per 
annum, be made to the several commissioners of the 
United States in Europe for their services, besides 
their reasonable expenses respectively. 

That the salary, as well as the expenses, be com- 
puted from the time of their leaving their places of 
abode to enter on the duties of their offices, to be con- 
tinued three months after notice of their recall, to 
enable them to return to their families respectively. 

That the several commissioners, commercial agents 
and others in Europe, intrusted with publick money, 
be directed to transmit, without delay,* their accounts 
and vouchers, and also triplicate copies of the same 



* For inserting the words " without delay," 
Mr. Marchant, and seconded by Mr. Laurens ; 
required by Mr. Laurens — 



which were moved by 
the yeas and nays being 



New Hampshire, 


Mr. Peabody, 


Ay. ♦►Ar. 


Massachusetts Bay, 


Mr. Gerry, 
Mr. Lovell, 
Mr. Holten, 


Ay.} 

No. >Ay. 

Ay.) 


Rhode Island, 


Mr. Marchant, 


Ay. ).Av. 


Connecticut, 


Mr. Huntington, 


Ay. J-At. 


New York, 


Mr. Jay, 
Mr. Lewis, 


1J:|- 


New Jersey, 


Mr. Scudder, 
Mr. Fell, 
Mr. Houston, 


No. \ At. 

Ay.^ 


Pennsylvania, 


Mr. Armstrong, 
Mr. Atlee, 
Mr. Searle, 
Mr. Muhlenberg, 
Mr. M'Lene, 


Ay] 

Ay. 

No |.Ar. 

No. 

Ay.J 


Belaware, 


Mr. Dickinson, 
Mr. Vandyke, 
Mr. M'Kean, 


Ay.} 

Av >AT. 
Ay. S 


- VOL. II. 


71 





i^ 



SUPPLEMENT. 



[iept. 17, 



to the board of trensury of these United States, in order 
for si'Klrment. 

Resolved, That a. suitable person be appointed by 
Congress to examine the said accounts in Europe, and 
certify his o[)inion thereon previous to their being 
transmitted. 



SEPTEMBER 17, 1779. 

To be inserted September 17, 1779, bottom of page 249. 
GENTLEMEN, 

The king my master having been pleased to at- 
tend to the representations which my ill state of 
health obliged me to make to him, his majesty has 
granted me leave to return. At the same time he has 
taken care to send a new minister plenipotentiary to 
America, that there may be no interruption in his 
care to cultivate a mutual friendship. I must leave 
it to the abilities of monsieur the chevalier de la Lu- 
zerne to explain to you his majesty's sentiments, and 
confine myself at this time in testifying to you, gen- 



Maryland, 


Mr. Carniichael, 
Mr. Forbes, 


Ay. 

Ay- 


Virginia, 


Mr. Smith, 
Mr. Fleming, 
Mr. Randolph, 


Ay. 
Ay. 

Ay. 


North Carolina, 


Mr. Penn, 


Ay. 




Mr Harnett, 
Mr. i;hiirpe, 


Ay- 
Ay. 


South Carolina, 


Mr. Laurens, 


Ay. 




Mr. Drayton, 


Ay. 


So it was resoli 


ved in the affirmative. 





■i 



Ay. 



At. 



At. 



At 




JT79.] SyPPLEMENT. 563 

tiemen, the satisfaction I shall have in rondcring him. 
an account of the occurrences whicli I havo been wit- 
ness of for more than a year during my residence with 
you. His majesty will thereby perceive the sentiments 
with which your councils are animated and governed, 
your wisdom, your firmness, your altacliment to the al- 
liance, and your zeal for the prosperity of the com- 
i mon cause and the two nations respectively. He will 
see with pleasure that that inestimable union, wjiich 
constitutes the principal force and weight ol the ron- 
federacy, reigns among the United States; that the ci- 
tizens are so far from being wanting in zeal and spirit 
to repel incursions which can have no oiher object 
than a barbarous devastation, that there is not an Ame- 
rican, who is not sensible of the necessity of conmr- 
ring to humble still farther and weaken the common 
enemy, by effoi-ts proportionate to the importance of 
happily terminating a glorious revolution, and of se- 
curing as speedily as possible to the United Slates of 
America, by a solid and honourable peace, the inesti- 
mable advantages of liberty and independence, which 
is the essential and fundamental object of the alliance, 
and of the war kindled and rendered necci^sary by 
England. 

It only remains for me, gentlemen, to ofl'eryou as a 
body and as individuals, the tribute of my thanks for the 
marks of confidence and esteem, and also of attention 
which I have received from you j I have always endea- 
voured to deserve them by the most sincere and zealous 
attachment to the interests and dignity of the United 
States, as well as lothe principles and sentiments result- 
ing from the alliance. I have not been wanting in zeal 



564 SUPPLEMENT. [Sept. 17, 

for every ihTng that could have any relation to that ob- 
ject, and thai could farther cement the connexions, 
whether political or personal, between the two nations. 
The most flattering recompense of all my labours would 
be the testimony of your satisfaction. 

To which the President in behalf of Congress return- 
ed the following answer: 

SIR, 

We receive with much concern the intimation you 
have given us, that the bad slate of your health obliges 
you to leave America : though at the same time we arc 
sensible of the continued friendly care of his most 
christian majesty in sending a new minister plenipoten- 
tiary to these states. 

Great as our regret is in thus parting with you, yet 
it affords us pleasure to think how well disposed you 
are to improve the favourable opportunities you will 
have on your return to France, of evincing to his ma- 
jesty the reality of those sentiments on our part, which 
may justly be termed the animating principles of the 
United Stales. 

By such representations, the king will be assured 
that the citizens of these states observe, wiih the most 
lively satisfaction, the repeated instances of his amity 
for them ; that they regard the alliance as an inestima- 
ble connexion, endeared to them by the purity of the 
motives on which it was founded, the advantages de- 
rived froni it, and the blessings it promises to both 
nations ; that their resolution of securing its essential 
objects, liberty and independence, is unalterable ; that 
they are determined by all the exertions in their power 



1779] SUPPLEMENT. 06C 

to advance the common cause, and to rlcmonstraf*', that 
while they are attentive lo their own intereM-, they a§ 
ardently desire lo af)|)rove themselves not only faithful 
but affectionate allies. 

By a residence of more than a year near Congress, 
you are enabled to form a competent jdd^ment of the 
difficulties we have liad lo encounter, as well as of our 
efforts to remove them. 

Sir, we should be defirient in the respect due to dis- 
tinguished merit, if wc should f.iil to euihrace this op- 
portunity of testifying the high esteem which you have 
obtained throughout this country by your publick and 
private conduct. You iiavc ha|)pily combined a vigi- 
lant devotion for the dignity and iiiteiesl of our most 
excellent and illustrious ally, with a zealous attachment 
to the honour and welfare of these stales. 

Your prudence, integrity, ability and diligence in 
discharging the eminent trust reposed in you, have se- 
cured our entire confidence, and now solicit from ns 
the strongest declarations of our satisfaction in your 
behaviour. 

That you may be blessed uiih a favourable voyage, 
the approbation of your sovereign, the perfect recovery 
of your health, and all happiness, is among the warmest 
wishes of every member of this body. 



OCTOBER 13, 1779. 

To follow proceedings of October 13, 1779. Page 276. 
On motion of Mr. Lovcll, seconded by Mr. .Morri^. 
Resolved, That Mr. A. Lee be informed ol Mr. Jav'» 



a66 SUPPLEMENT. [Nov. 23, 

appointment, and that, agreeable to his request, he is 
at liberty to return to America. 



NOVEMBER 23, 1779. 

To follow proceedings of November 12, 1779. Page 295". 

According to order. Congress was resolved into a 
committee of the whole ; and after some time, the Presi- 
dent resumed the chair, and Mr. Plater reported, that 
the committee have had under consideration the report 
of the committee on ways and means, and come to a 
conclusion thereon, which he was directed to report. 
The report being read, 

" That bills of exchange be drawn on Mr. J. Jay, to 
" the amount of one hundred thousand pounds sterling, 
" and on Mr. Henry Laurens, to the amount of one 
" hundred thousand pounds sterling, payable at six 
" months sight; and that the same be sold at the cur- 
" rent rate of exchange" — 

A division was called for, and that the first question 
be, that bills of exchange be drawn on Mr. J, Jay, to 
the amount of one hundred thousand pounds sterling, 
payable at six months sight ; and that the same be 
sold at the current rate of exchange. 

On which the yeas and nays being required by Mr. 
Forbes — 

New Hampshire, Mr. Peabody, Ay. )»Av. 

MaesachuscttsBay, Mr. Lovell, 

Mr. Holten, Ay. J> Ay. 

Mr. Partridge, 



iHi,^ 



SUPPLEMENT. 



Connecticut, 

New York, 
New Jersey, 

Pennsylvania, 
Maryland, 



Mr. Huntington,' 
Mr. Sherman, 
Mr. Root, 

Mr. Schuyler, 
Mr. Livingston, 

Mr. Withcrspoon, 
Mr. Scudder, 
Mr. Fell, 
Mr. Houston, 

Mr. Searle, 
Mr. Shi[)pen, 
Mr. M'Leiie, 

Mr. Plfiter, 
Mr. Forbes, 



Ay.) 

No.}. 
No.J 



No. 



Z\^'- 



North Carolina, Mr. H.irnctt, 
Mr. Sharpe, 




IVIDED. 



Av. 



Ay 
South Carolina, Mr. Matthews, Ay. )»Ay. 

So it was resolved in the aiTirmative. 

The question was taken on the second part. 

Resolved in the affirmative. 

Resolved, That a committee of three be appointed 
to report on the manner of carrying the above resolu- 
tion into effect. 

The members chosen — Mr. Livingston, Mr. Mat- 
thews and Mr. Gerry. 



NOVEMBER 29, 1779. 

Resolved, That the bills be prepared under the di- 
rection of the board of treasury, and with such checks 
as they may devise to prevent counterfeits, and be 
signed by the treasurer of loans. 



5C8 SUPPLEMENT. [Jan. 14, 

That so many of the bills as the treasury board shall, 
from time to time, think proper to issue, be put into 
the hands of the continental loan officer in the state of 
Pennsylvania, or of any other state ; and that the 
board of treasury direct the lowest rate of exchange 
at which the same may be sold. 

That the board of treasury may, at their discretion, 
suspend the sale of such bills, reporting to Congress 
their reasons for so doing, that they may receive di- 
rections thereon. 

That the committee of foreign affairs be, and they are 
hereby directed to write to Mr. Jay and Mr. Laurens, 
informing them of the drafts that will be made upon 
them, and explaining fully the reasons that urge Con- 
gress to draw, directing them to keep up a mutual cor- 
respondence, and afford each other every assistance in 
procuring money to pay the bills. 

That one eighth per cent, on moneys received in 
payment for the said bills, shall be allowed to the 
persons intrusted with the sale thereof. 

That no bill be drawn for a less sum than the amount 
®f fifty pounds sterling. 

JANUARY 14, 1780. 

On motion of the committee for foreign affairs — 
Whereas by the eleventh article of the treaty of 
amity and commerce between his most christian ma- 
jesty and the United States of America, it is provided, 
that " the subjects and inhabitants of the said United 
" States, or any one of them, shall not be reputed 
" aubains in France, and consequently shall be ex- 



1780.J SUPPLEMENT. 9» 

" empted from the droit d'aubaine, or other similar 
" duty, under what name soever: they may by tesla- 
" ment, donation or otherwise, dispose of their goods, 
" moveable and immoveabh-', in favour of such persons 
" as to them shall seem good ; and their heirs, subjects 
" of the said United Slates, residing, whether in France 
"or elsewhere, may succeed them, ab intestat, without 
" being obliged to obtain letters of naturalization, and 
" without having the effect of this concession contested 
"or impeded under pretext of any rights or preroga- 
" lives of provinces, cities or private persons : and the 
" said heirs, whether such by particular title or ab 
" intestat, shall be exempt from all duty, called droit 
" de detraction, or other duty of the same kind ; sav- 
" ing, nevertheless, the local rights or duties, as much 
"and as long as similar ones are not established by 
"the United States, or any of them: The subjects of 
" the most christian king shall enjoy, on their part, 
" in all the dominions of the said states, an entire and 
" perfect reciprocity relative to the stipulations con- 
" tained in the present article; but it is agreed, at 
"the same time, that its contents shall not aflcct the 
" laws made or that may be made hereafter in France, 
"against emigrations, which shall remain in all their 
"force and vigour; and the United States, on their 
" part, or any of them, shall be at liberty to enact 
"such laws relative to that matter as to them shall 
" seem proper." 

Resolved, That it be recommended to the legisla- 
tures of the several United Slates to make provision, 
where not already made, for conferring like privileges 
and immunities on the subjects of his most christian 
VOL. II. 72 



570 SUPPLEMENT. [April 17, 

majesty, agreeable to the form and spirit of the above 
recited article. 



MARCH 25, 1780. 

To follow proceedings of January 31, 1780. Page 31 1. 

On the report of a committee, 

Resolved, That the papers and original affidavit*, 
relative to the capture of the brig Eagle, John Ash- 
mead, commander, under a fort in the island of Saba, 
bo filed in the office of the secretary of the United 
States in Congress assembled. 

That authenticated copies thereof, signed by the 
said secretary, be transmitted to their high mighti- 
nesses the states general of the United Provinces, by 
the minister plenipotentiary of these United States at 
the court of Versailles ; and that he be directed to 
apply to them for their aid in procuring satisfaction 
for the loss of the said brig Eagle and cargo; and for 
some assurance that the tlag of the United States of 
America shall be protected from insult when in the 
ports of 'he United Provinces. 

APRIL 17, 1780. 

A motion was made by Mr. Matthews, That a resi- 
dent be appointed to the court of Versailles, with the 
same powers that are usually annexed to the said 
office. 

On the question to agree to this, the yeas and nays 
being required by Mr. Folsom — 



No. 



No. ( N°- 



I'^SO] SUPPLEMENT. 611 

New Hampshire, Mr. Peahodv, Av. ) t^ 

(u.. f I \T ^ Divided. 

Mr. b olsom, No. ^ 

Massachusetts Bay,Mr. Lovell, No. 

Mr. Holten, No. 

Rhode Island, Mr. Ellery, 

Mr. Collins, 

Connecticut, Mr. Huntington, No.? ^ 

Mr. Ellsworth, No. $ ' 

New York, Mr. Scott, Ay.") 

Mr. Livingston, Ay. I Ay. 

Mr. Schuyler, Ay. J 

New Jersey, Mr. Fell, No.^ 

Mr. Houston, No.> No. 

Mr. Clark, No.^ 

Pennsylvania, Mr. Searlc, 

Mr. Shippen, 

Maryland, Mr. Plater, 

Virginia, Mr. Madison, 

North Carolina, Mr. Burke, No. )>x 

South Carolina, Mr. Matthews, -^y.? . 

Mr. Kinloch, Ay.S ' 

So it passed in the negative. 



No. 



JULY 7, 1780. 

To follow proceedings of July 7, 1780. Page 322. 

On motion of Mr. Searle, seconded by Mr. MKean, 

Resolved, That the board of treasury be directed to 

furnish Mr. Laurens with bills on France (o the amount 

of one thousand pounds sterling, on account of his 



fi72 SUPPLEMENT, [Sept. 15, 

salary, out of those bills ordered to be drawn by the 
resolution of the 1 9th of May last. 



JULY 11, 1780. 

To follow proceedings of July 10, 1780. Page 322. 

Ordered, That the committee of intelligence cause 
to be published the resolution of May 5th, 1778, 
respecting the eleventh and twelfth articles of the 
tre-.i'y of amity and commerce between his most 
christian majesty and these United States, and a copy 
of the said treaty as finally ratified. 



AUGUST 9, 1780. 

To follow proceedings of July 10, 1780. Page 322. 

On the report of a committee to whom was referred 
a loiter from the honourable Ralph Izard, 

Resolved, That Congress are convinced of the faith- 
ful endeavours of Mr. Izard to fulfil the objects of the 
commission to which he was appointed by them on the 
7th of May, 1777, and approve of the reasons which 
determined him not to proceed to the court of Tus- 
cany. 



SEPTEMBER 13, 1780. 

To follow proceedings of September 15, 1780. Page 323. 
The minister plenipotentiary of France transmitted 
to Congress a letter of this date, respecting the aboli- 



1780.] SUPPLEMENT. 618 

lion of the eleventh and twelfth articles of the treaty 
of commerce between (he United States and his most 
christian majesty, with an authcnticattd copy of a 
declaration of ihc king, whereof the following is a 
translation : 



A DECLARATION OF THE KING. 

The Congress of the United Stales of North America 
having represented to the king, that [he cxcculion of 
the eleventh article of the treaty of amity and com- 
merce, signed the 6(h of February last, may be attend- 
ed with inconveniences, ancJ having, in consrcjucnce 
thereof, desired that that article may be expunged, 
agreeing on their part, that the twelfth article ghall he 
considered in the same manner as null and void : His 
majesty, in order to give the United Stales of North 
America a new proof of his afTcclion, as well as his 
desire to confirm the union and good correspondence 
established between the two stales, has been pleased 
to pay a regard to their rc))resenlaliohs — accordingly 
he hath declared and by these presents doth declare, 
that he consents to the suppression of the eleventh 
and twelfth articles abovementioned, and that his 
intention is, that they be considered as if never com- 
prehended in the treaty signed the 6lh of February 
last. 

Done at Versailles, the 1st day of September, one 
thousand seven hundred and seventy eight. 
(Signed) GRAVIER DE VERGENNES. 



55^4 SUPPLEMENT. [Sept. 19, 

In conformity lo the foregoing declaration of his 
most christian majesty, the commissioners plenipoten- 
tiary of the United States signed and delivered to his 
most christian majesty the following 

DECLARATION. 

The most christian king having been pleased to re- 
gard the representations made to him by the general 
Congress of North America, relating to the eleventh 
article of the treaty of commerce, signed the 6th of 
February in the present year 5 and his majesty having 
therefore consented that the said article should be 
suppressed, on condition that the twelfth article of the 
same treaty be equally regarded as of none effect, the 
above said general Congress hath declared on their 
part, and do declare, that they consent to the suppres- 
sion of the eleventh and twelfth articles of the above- 
mentioned treaty, and that their intention is, that these 
articles be regarded as having never been comprised 
in the treaty signed the 6th of February. 

Done at Paris, the first day of September, J 778. 
(Signed) B. FRANLKIN, 

ARTHUR LEE, 
JOHN ADAMS. 

SEPTEMBER 19, 1780. 

A letter of the 16th, from the honourable the minis- 
ter plenipotentiary of France, was read, informing 
Congress that he is about to leave Philadelphia, and 
lo be absent for some weeks ; but that Mr. Marbois will 



1780.] SUPPLEMENT. 576 

remain here in quality of his majesty's charge des 
affaires; and hoi)ing that, from his known attention to 
matters relative to the embassy, Congress will grant 
him their confidence : Whereupon, 

Resolved, That the President inform the minister of 
France, that, in his absence, they will readily continue 
their intercourse with the embassy of Iiis most chris- 
tian majesty, through Mr. Marbois, as his majesty's 
charge des affaires, in whose abilities and attention to 
the interests of the court of France and those of tlic 
United States they have just confidence. 

SEPTEMBER 27, 1780. 

On the report of a committee, to whom were referred 

sundry letters of John Magnall, 

Resolved, That copies of the said letters attested 
by the secretary of Congress, be sent to the honoura- 
ble John Jay, minister plenipotentiary of these United 
States at the court of Madrid ; and that he be instruct- 
ed to endeavour lo obtain, for the captors of the Dover 
cutter, the benefit intended by the resolve passed in 
Congress on the 14th day of October, 1777, respecting 
vessels belonging to British subjects, seized and 
brought into any of the ports or harbours of these 
United States, by the master oi- mariners, and that he 
be informed it is the wish of Congress that the whole 
profit of the capture be divided among the captors. 



576 SUPPLEMENT. [Oct. 5, 



OCTOBER 5, 1780. 

To follow proceedings of October 4, 1700. Page 325. 

On the report of a committne, to whom was re- 
ferred a motion of Mr. Adams, relative to certain pro- 
positions of the empress of Russia respecting the 
rights of neutral nations, Congress passed the following 
act: 

Her imperial majesty of all the Russias, attentive to 
the freedom of commerce, and the rights of nations, in 
her declaration to the belligerent and neutral powers, 
having proposed regulations, founded upon principles 
of justice, equity and moderation, of which their most 
christian and caiholick majesties, and most of the neu- 
tral maritime powers of Europe, have declared their 
approbation — 

Congress, willing to testify their regard to the 
rights of commerce, and their respect for the sovereign, 
who hath proposed and the powers who have approved 
the said regulation : 

Resolve, That the board of admiralty prepare and 
report instructions for the commanders of armed ves- 
sels commissioned by the United States, conformable 
to the principles contained in the declaration of the 
empress of all the Russias, on the rights of neutral 
vessels. 

That the ministers plenipotentiary from the United 
States, if invited thereto, be and hereby are respec- 
tively empowered to accede to such regulations, con- 
formable to the spirit of the said declaration, as may 



"80.] SUPPLEMEi\T. 577 

be agreed upon by the Congress expected to assemble 
in pursuance of the invitation of her imperial majcstv. 
Ordered, Thai copies of the above resolution be 
transmitted to the respective ministers of the United 
States, at foreign courts, and to the honourable the 
minister plenipotentiary of France. 



OCTOBER 14, 1780. 

To follow proceedings of October?, 1780. Page 326. 

On a report of the board of treasury. 

Resolved, That Samuel W. Stockton, esquire, late 
secretary to the honourable William Lee, late com- 
missioner for the United States at the courts of Vienna 
and Berlin, be considered on salary, at the rate of three 
hundred pounds sterling per annum, from the lime he 
left London, to go to Mr. Lee, at Vienna, which was 
in the month of May, 1778, until he came to this city 
with letters to Congress, from Mr. Lee, in the month 
of December, 1779. That Mr. Stockton be not allowed 
for any expenses ; and that the several sums of money 
he has received, agreeably to his liquidated account, 
be deducted from the salary aforesaid, and the balance 
paid to Mr. Stockton, in specie, or current money 
equivalent; rating specie dollars at four ihillings and 
six pence sterling. 
VOL. II. 73 



578 SUPPLEMENT. [Nov. 23, 

OCTOBER 28, 1780. 

To follow proceedings of October 25, 17-80. Page 343. 

On moiioD of Mr. Lovell, seconded by Mr. S, Adams, 
Resolved, That the honourable John Adams be and 
hereby is authorized and instructed to accept the bills 
of exchange drawn on the honourable Henry Laurens, 
in pursuance of the resolution of Congress of the 6th 
instant, in the same manner as he is authorized and in- 
structed to accept tho«e heretofore drawn on Mr: 
Laurens, according to the resolutions of November 
23, 1779: and in case of the absence of Mr. Adams, 
the authoi-ity hereby granted be and is hereby extend- 
ed to the honourable Francis Dana. 

NOVEMBER 3, 1780. 

Resolved, That the consul, to be appointed to reside 
in France, be allowed a salary of one thousand five 
hundred dollars per annum, in lieu of all commissions 
for business done on account of the United States. 

NOVEMBER 4, 1780. 

Congress proceeded to the election of a consul to 
reside in France ; and the ballots being taken, William 
Palfrey, esquire, was elected. 



NOVEMBER 23, 1780. 
To follow proceedings of November 22, 1780. Page 348. 
On a report of the board of treasury. 
Resolved, That the board of treasury furnish the 
honourable Ralph Izard with bills of exchange, out of 



1780.] SUPPLEMENT. &7& 

those already ordered to be drawn on doctor Franklin 
and Mr. Jay, to the amount of filty-two thousand one 
hundred and thirteen livres, being the balance of his 
account, as accepted by Congress on the 11 ih of 
August last ; thirty thousand livres thereof to be on 
Mr. Jay, and the remainder on doctor Frankh'n. 

Resolved, That the honourable Juhn Adams be in- 
formed of this transaction, which is to supersede the 
orders given to the honourable Henry Laurens, on the 
] 1th of August last, for the payment of the said balance 
of fifty-two thousand one hundred and thirteen livres 
to JVIr. Izard. 



NOVEMBER 28, 1780. 

To follow proceedings of November 28, 1780. Page 351. 
Ordered, That Saturday next be assigned for elect- 
ing a secretary to the embassy at the court of Ver- 
sailles. 

DECEMBER 1, 1780. 

Resolved, That the order of the day to-morrow for 
electing a secretary to the embassy at the court of 
Versailles be postponed to Wednesday next. 



DECEMBER 15, 1780. 

To follow proceedings of December 15, 1780. Page 358. 
Ordered, That the board of treasury, in adjusting 
the salary of Arthur Lee, esquire, compute the same 



580 SUPPLEMENT. [Jan. 10, 

from the 15th day of December, 1776, to the 25lh day 
of March, 1780. 



DECEMBER 21, 1780. 

To follow proceedings of December 21, 1780. Page 360. 

On motion of Mr. Duane, seconded by Mr. Wilher- 
spoon. 

Resolved, That a committee of three be appointed 
to take into consideration the case of the honourable 
Henry Laurens, made a prisoner on his passage to 
Europe, and said to be committed to the tower of 
London, on suspicion of high treason, and to report 
thereon. 

The members — Mr. Duane, Mr. Witherspoon, Mr: 
Burke. 

On motion of Mr. S. Adams, seconded by Mr. 
Bee, 

Ordered, That the President write to our ministers 
plenipotentiary at the courts of Versailles and Madrid, 
desiring them to apply to the courts at which they res- 
pectively reside, to use means for obtaining the release 
and exchange of the honourable Henry Laurens. 



JANUARY 10, 1781. 

To follow proceedings of January 10, 1781. Page 393. 

The committee, appointed to consider and report a 
plan for the department of foreign affairs, report. 

That the extent and the rising power of these United 
States entitle them to a place among the great poten- 



1781.3 SUPPLEMENT. 581 

tales of Europe, while our polilical and commercial in- 
terests point out the propriety of cultivating with them 
a friendly correspondence and connexion. 

That, to render such an intercourse advantagcouB, 
the necessity of a competent knowledge of the interests, 
views, relations and systems of those potentates, is ob- 
vious. 

That a knowledge, in its nature so comprehensive, is 
only to be acquired by a constant attention to the state 
of Europe, and an unremitted application to the means 
of acquiring well grounded information. 

That Congress are moreover called upon to maintain 
with our ministers at foreign courts a regular corres- 
pondence, and to keep them fully informed of every 
circumstance and event which regards the publick ho- 
nour, interest and safety. 

That to answer those essential purposes, the com- 
mittee are of opinion, that a fixed and permanent office 
for the department of foreign affairs ought forthwith to 
be established, as a remedy against the fluctuation, the 
delay and indecision to which the present mode of ma- 
naging our foreign affairs must be exposed : Where- 
upon, 

Resolved, That an office be forthwith established for 
the department of foreign afl^airs, to be kept always in 
the place where Congress shall reside. 

That there shall be a secretary for the despatch of 
business of the said office, to be styled " secretary for 
"foreign affairs." 

That it shall be the duty of the said secretary to kccj) 
and preserve all the books and papers belonging to the 
department of foreign affairs : to receive and report the 



552 StIPPLEMENT. [March 2«, 

applications of all foreigners : to correspond with the 
ministers of the United States at foreign courts, and 
with the ministers of foreign powers and other persons, 
for the purpose of obtaining the most extensive and 
useful information relative to foreign affairs, to be laid 
before Congress when required : also to transmit such 
communications as Congress shall direct, to ihe minis- 
ters of these United States and others at foreign courts, 
and in foreign countries : the said secretary shall have 
liberty to attend Congress, that he may be better in- 
formed of the affairs of the United States, and have an 
opportunity of explaining his reports respecting his de- 
partment: he shall also be authorized to employ one 
or if necessary more clerks to assist him in the business 
of his office : and the secretary, as well as such clerks, 
shall, before the President of Congress, take an oath of 
fidelity to the United Slates, and an oath for the faith- 
ful execution of their respective trusts^ 



MARCH 26, 1781. 

To follow proceedings of March 24, 1781. Page 402. 

A letter of the 22d of February, from the governour 
of Virginia, was read, with a memorial enclosed from 
Messrs. Stoddert, Kerr and North : Whereupon, 

On motion of Mr. Madison, seconded by Mr. M. 
Smith, 

Ordered, That authenticated copies of the said me- 
morial, protests and affidavits be transmitted to the 
honourable John Adams ; and that he be instructed to 
represent the case to which they relate to their high 



I 



1781.] SUPPLEMENT. 588 

mightinesses the states general of the United Provinces 
of the Netherlands, and lo claim such redress for the 
memorialists, as justice and the law of nations require. 



MAY 24, 1781. 

To follow proceedings of May 23, 1781. Page 404. 

On a report from the board of admiralty, to whom 
was referred the petition ot Dumainc and Lyon, 

Resolved, That a copy of the said petition be trans- 
mitted to the minister plenipotentiary of these United 
States at the court of Spain ; and that he be directed 
to represent the matter to the said court, and take such 
measures as he may judge expedient to obtain an order 
to the judge of the admiralty of Tenerille, to deliver the 
whole amount of the sales of the prize therein mention- 
ed, to the owners of the brigantine Brilliant, their agent 
or attorney, for the use of the said owners and the 
captors. 



MAY 29, 1781. 

To be inserted in proceedings of May 29, 1781. Page 408. 

Ordered, That in the settlement of Mr. A. Lee's ac- 
counts, the board of treasury admit as vouchers, bills 
of lading and invoices, which show that merchants of 
character have shipped the contents: where such can- 
not be produced, that they admit receipts, or other pa- 
pers which charge the consignee or other competent 
person at the port of delivery: that they admit the 
bankers accounts which charge the bank with the crc" 



584 SUPPLEMENT. [June 4, 

dit given for cash deposited, and undertake if required 
to vouch the particular payments which are entered to 
Mr. Lee's debt, as commissioner of the United States : 
and where no vouchers under the foregoing descriptions 
are produced, that the accounts be left open in order 
to give an opportunity for completing the vouchers. 

That the accounts for expenses be stated so as to 
distinguish between ordinary and extraordinary ; that 
the latter be stated particularly for the consideration of 
Congress, giving credit for the articles delivered up to 
the publick at first cost, and that the former be stated 
generally, and that no other voucher be required for 
either, than the word of honour of the said A. Lee, 
late minister. 

That with respect to the charge for moneys disburs- 
ed on account of the state of Virginia, it be admitted 
to Mr. Lee's credit, whenever the state of Virginia 
shall signify that they admit themselves to be debited 
therewith. 



In page 414, line 14, between the words " that" and " would," the 
words [the enemy] though not in the original record, are necessary. 

In page 423, lines 9 and 10, for " consideration," read " confedera- 
" tion." 



JUNE 4, 1781. 
To follow proceedings of May 29, 1781. Page 423. 
Resolved, That the disposition and management of 
that part of the money, granted by his most christian 



1781.] SUPPLEMENT. 685 

majesty lo these United States, which is to be employ- 
ed in America, be committed to the supcrinlcndcnt ol" 
fmancc, that it may be applied to the purposes for 
which it was granted, namely, a vigorous prosecution 
of the present campaign. 

That what remains unsold of the bills of exchange 
drawn by order of Congress on the miiiislcrs plrnipo- 
tentiary of these United Slates respectively at Ver- 
sailles, Madrid and the Hague, be also committed to 
the superintendent of finance, to be by him disposed of 
for the purpose abovemenlioned : provided, that none 
of the bills drawn upon the ministers at Madrid and the 
Hague, be sold until he shall have assurances that funds 
are provided for paying them. 



JUNE 14, 1781. 

To follow proceedings of June 14, 1781. Page 413. 

On motion of Mr. Matthews, seconded by Mr. Sharpc, 

Resolved, That the minister plenipotentiary of these 

United Slates at the court of Versailles, be authorized 

and empowered to offer lieutenant-general Burgoyne 

in exchange for the honourable Henry Laurens. 



JUNE 21, 1781. 
To follow proceedings of June 19, 1781. Page 457. 
On motion of Mr. Montgomery, seconded by Mr. 
Sherman, 

Resolved, That a vice consul be appointed to reside 
in France, who shall exercise all the powers, and pcr- 
voL II. 74 



586 SUPPLEMENT. [June SI, 

form the services required of William Palfrey, during 
his absence from that kingdom, or during the pleasure 
of Congress; and be allowed a salary of 1000 dollars 
per annum, in lieu of all commissions for business done 
on account of the United States of America. 

Ordered, That Monday next be assigned for elecf- 
ing a vice consul. 



JUNE 26, 1781. 

To follow proceedings of June 26, 1781. Page 458. 

On the report of a committee, consisting of Mr. Cly- 
mer, Mr. Sullivan and Mr. Matthews, to whom were 
referred two letters of the 22d, from Mr. R. Morris, 

Resolved, That an agent for the United Slates of 
America be appointed to reside at the Havana. 

Ordered, That lomorrow be assigned for electing 
the said agent; and that the committee who brought in 
this report prepare the dral't of a commission and 
instructions for the said agent. 

Congress proceeded to the election of a vice consul, 
conformable to the resolution of the 21 st of this month ; 
and, the ballots being taken, 

Thomas Barclay was elected, having been previous- 
ly nominated by Mr. Clymer. 

JUNE 27, 1781. 

Congress proceeded to the election of an agent to 
reside at Havana ; and, the ballots being taken, 
Mr. Robert Smith was elected. 



1781.] SUPPLEMENT. M? 

Resolved, That it be the duly of the agent appoint- 
ed to reside at Havana, to manage the occasional con- 
cerns of Congress, to assist the American traders with 
his advice, and to solicit their afl'airs with the Spanish 
government, and to govern himself according to the 
j orders he may, from time 'o time, receive from the 

United States in Congress assembled, or their superin- 
tendent of finance. 



AUGUST 10, 1781. 

To follow proceedings of August 10, 1781. Page 469. 

Congress proceeded to the election of a secretary 
for foreign affairs ; and, the ballots being taken, 

Mr. Robert R. Livingston was elected, having been 
previously nominated by Mr. Floyd. 



AUGUST 24, 1781. 

To follow proceedings of August 16, \liil. Page 474. 

On a report of the board of admiralty, 

Resolved, That Joshua Johnson, esquire, be, and he 
is hereby authorized to examine, audit and settle the 
accounts of T. D. Schweighhauser, against the frigate 
Alliance ; and that the minister plenipotentiary of these 
United Slates at the court of Versailles be, and he is 
hereby empowered and directed to pay the balance 
that may be found due to the said T. D. Schweighhau- 
ser, upon (he liquidation and settlement of the said J. 
Johnson. 

END OF VOL. 11. 



UNIVERSITY OF 



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